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UNIVERSITY  OF  ILLINOIS  — URBANA 

I 


N30 1 1 2087968985A 


ORDINANCES 


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CITY  OF  BOSTON, 


ACTS 

OF  THE 

LEGISLATURE  OF  MASSACHUSETTS, 


ON  MUNICIPAL  SUBJECTS, 


PASSED  IN'  1867'. 


PUBLISHED  BY  ORDER  OF  THE  CITY  COUNCIL. 


BOSTON: 

ALFRED  MUDGE  & SON,  CITY  PRINTERS,  34  SCHOOL  STREET. 

1 8 6 8. 


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Politic  nrw*,  SOf/o'IT  ^XbXJX  CLs^w  f%h» 


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CITY  OF  BOSTON. 


By  a vote  of  the  City  Council,  approved  December  4,  1863, 
all  Ordinances  passed  in  each  year  are  to  be  properly  compiled 
and  published,  at  the  close  of  the  year,  in  a suitable  manner  for 
reference.  This  volume  comprises,  therefore,  all  the  Ordinances 
which  were  passed  by  the  City  Council  in  1867,  as  well  as  all 


government  of  this  city.  The  numbers  of  the  pages  are  contin- 
ued from  the  preceding  publication. 


Legislative  enactments  of  that  year,  which  affect  in  any  way  the 


S.  F.  McCLEARY,  City  Clerk, 


January  14,  1868. 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/ordinancesofcityOObost 


ORDINANCES. 


PUBLIC  BUILDINGS. 

ORDINANCE.1 

Amount  Committee  can  spend  for  repairs. 

Section  1.  The  eighth  section  of  an  Ordinance  concerning  Amount  to  be 

expended  for  re- 

Public  Buildings,  passed  July  1,  1850,  and  being  section  nine  pairs,  April  is, 
of  the  Ordinance  in  relation  to  Public  Buildings,  as  printed  on  186<‘ 
page  477  of  the  Revised  Ordinances  of  1863,  is  hereby  amended 
by  striking  out  the  words  “two  hundred,”  and  inserting  the 
words,  “ five  hundred.” 

COMMON. 

Superintendent,  appointment,  and  duties. 

ORDER.2 

Whereas,  By  the  Ordinances  of  this  city,  the  u care  and  cus-  Common  supt., 
tody  of  the  Common,  Public  Garden,  and  Public  Squares,”  is.anddut^s^Feb! 
vested  in  the  Board  of  Aldermen:  and  whereas,  it  is  necessary4’  1867, 
for  the  proper  exercise  of  said  care  and  custody  of  the  grounds 
above  mentioned,  that  a Superintendent  thereof  should  be  ap- 
pointed, to  whom  a salary  should  be  paid,  it  is  hereby 

Ordered,  That  the  Mayor  be  requested  to  nominate  to  this 
Board  for  confirmation,  a suitable  person  as  Superintendent  of 
the  Common  and  Public  Grounds,  whose  duty  it  shall  be,  under  the 

An  Ordinance  to  amend  the  Ordinance  in  relation  to  Public  Buildings, 
passed  April  16,  1867. 

2 Order  of  the  Mayor  and  Aldermen,  passed  Pebruary  4,  1867. 


212 


ORDINANCES. 


direction  of  the  Committee  on  Common  and  Squares,  to  provide 
all  the  labor  and  assistance  necessary  to  effect  the  proper  care 
and  supervision  of  the  Common  and  all  the  public  squares  and 
grounds  in  the  city  of  Boston,  including  also  the  trees  in  the 
several  streets  of  the  city.  He  shall  cause  all  laws  and  ordi- 
nances made  for  the  protection  of  trees,  shrubs  and  flowers  in 
the  Common  and  other  public  grounds  and  streets  of  this  city  to 
be  strictly  enforced,  and  shall  institute  legal  proceedings  against 
all  trespassers  thereon. 


COUNTY  COURT  HOUSE. 


STATUTE. 

1.  Board  of  Aldermen  may  take 
land  for  Court  House  site. 


2.  To  file  description  of  land  taken 
in  Registry  of  Deeds. 


STATUTE.1 


Aldermen,  as 
county  commis- 
sioners of  Suf- 
folk, may  take. 
1867.  306,  § 1. 


Shall  file  de- 
scription and 
statement  in 
registry  of 
deeds. 

Ibid.  § 2. 


Mayor  to  sign. 
Liability  of  city 
for  damages. 


Section  1.  The  board  of  aldermen  of  the  city  of  Boston 
acting  as  county  commissioners  for  the  county  of  Suffolk,  are 
hereby  authorized  and  empowered  to  take  and  hold  by  purchase 
or  otherwise,  so  much  land  as  they  may  deem  necessary,  for  the 
purpose  of  erecting  thereon  a court  house  by  the  city  of  Boston, 
for  the  use  of  the  county  of  Suffolk,  and  for  a court  house  yard 
for  the  same. 

Sect.  2.  The  board  of  aldermen  shall,  within  sixty  days 
from  the  time  when  they  shall  take  any  parcel  or  parcels  of 
land  under  this  act,  file  in  the  office  of  the  register  of  deeds  for 
said  county,  and  cause  to  be  recorded,  a description  of  the  land 
so  taken,  as  certain  as  is  required  in  a common  conveyance  of 
land,  with  a statement  of  the  purpose  for  which  it  is  taken ; 
which  description  and  statement  shall  be  signed  by  the  mayor 
of  the  city ; and  the  city  of  Boston  shall  be  liable  to  pay  all 
damages,  that  shall  be  sustained  by  any  person  or  persons  by 


1 An  act  to  authorize  the  City  of  Boston  to  take  and  hold  land  for  a 
Court  House  for  the  County  of  Suffolk,  passed  June  1,  1867. 


DOGS. 


213 


reason  of  the  taking  of  such  land  as  aforesaid;  such  damages  1807,  306,5  2‘ 
to  be  ascertained  and  determined  in  the  manner  provided  for 
ascertaining  and  determining  damages  in  case  of  the  laying  out, 
altering  or  discontinuing  of  ways  within  the  city  of  Boston ; but 
the  provisions  of  chapter  one  hundred  and  seventy-four  of  the  ^ not^to^ap- 
acts  of  the  year  eighteen  hundred  and  sixty-six,  shall  not  be  p1^ 
applicable  to  any  proceedings  under  this  act. 


DOGS. 


STATUTES. 

1.  Dogs  to  be  licensed  in  April,  and 
wear  collars.  Fees. 

2.  New  owner  of  dog  to  get  license. 

3.  City  Clerk  to  issue  licenses. 

4.  Treasurer’s  duties. 

5.  Penalty  for  keeping  unlicensed 
dog. 

6.  Assessors  to  report  dogs. 

7.  Orders  to  kill  unlicensed  dogs. 

8.  Officers  to  return  warrant. 

9.  Mayor,  or  Selectmen,  to  make 
sworn  statement. 


10.  Persons  suffering  loss  by  dogs 
to  be  indemnified.  Appraiser’s 
duties. 

11.  Penalty  on  City  Officers  for 
neglect. 

12.  City  Treasurer  to  institute  ac- 
tion. 

13.  License  fees  to  be  paid  to 
Treasurer. 

14.  Mischievous  dogs  not  to  go  at 
large. 

15.  Repeal  of  former  act. 

16.  Form  of  warrant  to  kill  dogs. 

TP!  1 


Section  1.  Every  owner  or  keeper  of  a dog  shall  annually,  Do^s  t0  be  ree- 
on  or  before  the  thirtieth  day  of  April,  cause  it  to  be  registered,  annually.  1867. 
numbered,  described  and  licensed  for  one  year  from  the  first  13°’ $ 
day  of  the  ensuing  May,  in  the  office  of  the  clerk  of  the  city  or 
town  wherein  said  dog  is  kept,  and  shall  cause  it  to  wear  around 
its  neck  a collar  distinctly  marked  with  its  owner’s  name  and 
its  registered  number,  and  shall  pay  for  such  license,  for  a male 
dog  two  dollars,  and  for  a female  dog,  five  dollars. 

Sect.  2.  Any  person  becoming  the  owner  or  keeper  of  a Dog*  be 
dog  not  duly  licensed,  on  or  after  the  first  day  of  May,  shall  other  times, 
cause  said  dog  to  be  registered,  numbered,  described  andIbld‘^2’ 


1 An  act  concerning  dogs,  and  for  the  protection  of  sheep  and  other 

domestic  animals,  passed  April  9,  1867. 


214 


ORDINANCES. 


City  clerk  to  is- 
sue licenses  and 
keep  record. 
1867.  130,  $ 3. 


Treasurer  to 
keep  separate 
account. 

Ibid.  $ 4. 


Penalty  for 
keeping  un- 
licensed dog. 
Ibid.  $ 5. 


Transfer  of 
license. 


Assessors  to  re- 
port dogs. 

Ibid.  $ 6, 


licensed  un.til  the  first  day  of  the  ensuing  May,  in  the  manner, 
and  subject  to  the  terms  and  duties  prescribed  in  this  act. 

Sect.  3.  The  clerks  of  cities  or  towns  shall  issue  said 
licenses,  and  receive  the  money  therefor,  and  pay  the  same  into 
the  treasuries  of  their  respective  counties,  except  in  the  county 
of  Suffolk,  on  or  before  the  first  day  of  December  of  each  year, 
retaining  to  their  own  use  twenty  cents  for  each  license,  and 
shall  return  therewith  a sworn  statement  of  the  amount  of 
moneys  thus  received  and  paid  over  by  them.  They  shall  also 
keep  a record  of  all  licenses  issued  by  them,  with  the  names  of 
the  keepers  or  owners  of  dogs  licensed,  and  the  names,  regis- 
tered numbers  and  descriptions  of  all  such  dogs. 

Sect.  4.  It  shall  be  the  duty  of  each  county  treasurer,  and 
of  each  city  or  town  treasurer,  except  in  the  county  of  Suffolk, 
to  keep  an  accurate  and  separate  account  of  all  moneys 
received  and  expended  by  him  under  the  provisions  of  this  act. 

Sect.  5.  Any  person  keeping  a dog,  contrary  to  the  provi- 
sions of  this  act,  shall  forfeit  fifteen  dollars,  to  be  recovered  by 
complaint  or  indictment;  and  of  said  fine  or  forfeiture,  five  dol- 
lars shall  be  paid  to  the  complainant,  and  ten  dollars  shall  be 
paid  to  the  treasurer  of  the  county  in  which  the  dog  is  kept; 
except  that  in  the  county  of  Suffolk,  the  ten  dollars  shall  be  paid 
to  the  treasurer  of  the  city  or  town  wherein  said  dog  is  kept. 
A license  from  the  clerk  of  any  city  or  town  shall  be  valid  in 
any  part  of  the  Commonwealth,  and  may  be  transferred  with 
the  dog  licensed : provided,  said  license  be  recorded  by  the  clerk 
of  the  city  or  town  where  such  dog  is  kept. 

Sect.  6.  The  assessors  of  the  cities  and  towns  shall  annu- 
ally take  a list  of  all  dogs  owned  or  kept  in  their  respective 
cities  or  towns,  on  the  first  day  of  May,  with  the  owners’  or 
keepers’  names,  and  return  tlue  same  to  the  city  or  town  clerk, 
on  or  before  the  first  day  of  July.  Any  owner  or  keeper  of  a 
dog  who  shall  refuse  to  give  just  and  true  answers,  or  shall 
answer  falsely  to  the  assessors,  relative  to  the  ownership  thereof, 
shall  be  punished  by  a fine  of  not  less  than  ten  dollars,  to  be 
paid,  except  in  the  county  of  Suffolk,  into  the  county  treasury. 


DOGS. 


215 


Sect.  7.  Mayors  of  cities  and  the  chairman  of  selectmen  of Unlicensed  do^ 

J to  be  killed. 

towns  shall  annually,  within  ten  days  from  the  first  day  of  July,  1867.  130,57. 
issue  a warrant  to  one  or  more  police  officers,  or  constables, 
directing  them  to  proceed  forthwith  either  to  kill,  or  cause  to 
be  killed,  all  dogs  within  their  respective  cities  or  towns,  not 
licensed  and  collared  according  to  the  provisions  of  this  act, 
and  to  enter  complaint  against  the  owners  or  keepers  thereof, 
and  any  person  may,  and  every  police  officer  and  constable 
shall  kill  or  caused  to  be  killed  all  such  dogs  whenever  or 
wherever  found.  Such  officers,  other  than  those  employed 
under  regular  pay,  shall  receive  one  dollar  for  each  dog  so 
destroyed,  from  the  treasurers  of  their  respective  counties, 
except  that  in  the  county  of  Suffolk  they  shall  receive  it  from 
the  treasurers  of  their  respective  cities  or  towns.  All  bills  for 
such  services  shall  be  approved  by  the  mayor,  or  chairman  of 
the  selectmen,  of  the  city  or  town  in  which  said  dogs  are 
destroyed,  and  shall  be  paid  from  moneys  received  under  the 
provisions  of  this  act. 

Sect.  8.  Each  police  officer  or  constable,  to  whom  the  war-  Police  officers  to 
rant  named  in  the  preceding  section  shall  have  been  issued,  shall  doomed™  °f 
return  the  same,  on  or  before  the  first  day  of  the  October  fol  Ibld'$8' 
lowing,  to  the  mayor  or  chairman  of  selectmen  issuing  the  same, 
and  shall  state  in  said  return  the  number  of  dogs  killed,  and  the 
names  of  the  owners  or  keepers  thereof,  and  whether  all  unli- 
censed dogs  in  his  city  or  town  have  been  killed,  and  the  names 
of  persons  against  whom  complaints  have  been  made  under  the 
provisions  of  this  act,  and  whether  complaints  have  been  entered 
against  all  the  persons  who  have  failed  to  comply  with  the  pro- 
visions of  this  act. 

Sect.  9.  The  mayors  of  cities,  and  the  chairman  of  selectmen  Mayor  to  notify 
of  towns,  shall  annually,  within  ten  days  from  the  first  day  of  ^iMue^waf- 
October,  transmit  a certificate,  regularly  subscribed  and  sworn  „ 

7 ° y Ibid.  5 9. 

to,  of  the  fact  of  the  issue  of  the  warrant  named  in  section  seven, 
and  whether  the  same  has  been  duly  executed  and  returned, 
agreeably  to  the  provisions  of  this  act,  to  the  district-attorneys 


2 


216 


ORDINANCES. 


1867.  130,  §9.  of  their  respective  districts,  whose  duty  it  shall  be  to  prosecute 
all  such  city,  town  or  county  officers  as  fail  to  comply  with  the 
provisions  of  this  act. 

Damage  to  ani-  Sect.  10.  Whoever  suffers  loss  by  the  worrving,  maiming  or 

by  city.  killing  of  his  sheep,  lambs,  fowls  or  other  domestic  animals  by 
dogs,  may  inform  the  mayor  of  the  city,  or  the  chairman  of  the 
selectmen  of  the  town  wherein  the  damage  was  done  who  shall 
proceed  to  the  premises  where  the  damage  was  done  and  deter- 
mine whether  the  same  was  inflicted  by  dogs,  and  if  so,  appraise 
the  amount  thereof  and  return  a certificate  of  said  amount, 
except  in  the  county  of  Suffolk,  to  the  county  commissioners,  on 
or  before  the  first  day  of  December:  provided , however,  that  if, 
in  the  opinion  of  said  mayor  or  chairman  of  selectmen,  the 
amount  of  said  damage  shall  exceed  the  sum  of  twenty  dollars, 
he  shall  appoint  two  disinterested  persons  who,  with  the  said 
mayor  or  chairman  of  selectmen,  shall  appraise  the  amount  of 
such  damage,  and  return  a certificate  of  the  same,  except  in  the 
county  of  Suffolk,  to  the  county  commissioners,  on  or  before  the 
first  day  of  December.  The  county  commissioners  shall,  during 
the  month  of  December,  examine  all  such  bills,  and,  when  any 
doubt  exists,  may  summon  the  appraisers  and  all  parties  inter- 
ested, and  make  such  examination  as  they  may  think  proper, 
and  shall  issue  an  order  upon  the  treasurer  of  the  county  in 
which  the  damage  was  done,  for  all  or  any  part  thereof,  as  jus- 
tice and  equity  may  require. 

The  treasurer  shall  annually,  on  the  first  Wednesday  of  Jan- 
uary, pay  all  such  orders  in  full,  if  the  gross  amount  received  by 
him  and  not  previously  paid  out  under  the  provisions  of  this 
act  is  sufficient  therefor ; otherwise  he  shall  divide  such  amount 
pro  rata  among  such  orders,  in  full  discharge  thereof. 

The  appraisers  shall  receive  from  the  county,  or  in  the  county 
of  Suffolk  from  the  city  or  town  treasurer,  out  of  the  moneys 
received  under  the  provisions  of  this  act,  the  sum  of  one  dollar 
each  for  every  examination  made  by  them,  as  prescribed  in  this 
section ; and  the  mayor  or  the  chairman  of  selectmen  acting  in 


DOGS. 


217 


the  case  shall  receive  twenty  cents  per  mile  one  way  for  his  ne-  i867. 130,  $ 10. 
cessary  travel  in  the  case. 

The  owner  of  sheep,  lambs  or  other  domestic  animals  worried, 
maimed  or  killed  by  dogs,  shall  have  his  election  whether  to 
proceed  under  the  provisions  of  this  section  or  under  the  pro- 
visions of  sections  sixty-one,  sixty-two  and  sixty-three  of  chapter 
eighty-eight  .pf  the  General  Statutes ; but,  having  signified  his 
election  by  proceeding  in  either  mode,  he  shall  not  have  the  other 
remedy.  In  the  absence  or  sickness  of  the  mayor  of  the  city, 
or  chairman  of  the  selectmen  of  the  town,  in  which  the  damage 
is  done,  it  shall  be  the  duty  of  any  one  of  the  aldermen  of  said 
city,  or  of  the  selectmen  of  said  town,  who  may  be  duly  informed 
of  damage  supposed  to  have  been  done  by  dogs,  to  discharge 
forthwith  the  duties  imposed  by  this  section  upon  the  mayor  or 
chairman  of  selectmen. 

Sect.  11.  Any  city,  town  or  county  officer  refusing  or  wil-  Penalty  for  neg- 
lect of  duty. 

fully  neglecting  to  perform  the  duties  herein  imposed  upon  him,  ibid.  $ 11. 
shall  be  punished  by  a fine  not  exceeding  one  hundred  dollars 
to  be  paid,  except  in  the  county  of  Suffolk,  into  the  county 
treasury.  Any  person  aggrieved  by  such  refusal  or  neglect  on 
the  part  of  any  city,  town  or  county  officer,  may  report  the  same 
forthwith  to  the  district-attorney  of  his  district. 

Sect.  12.  The  treasurer  of  any  county  may,  and,  when  0wners  of  d°s* 

J J J liable  for  their 

ordered  by  the  county  commissioners,  shall,  bring  an  action  of  injuries  to 
tort  against  the  owner  or  keeper  of  any  dog  concerned  in  doing  ibid^S?* 
damage  to  sheep,  lambs  or  other  domestic  animals  in  said  county, 
which  damage  the  county  commissioners  have  ordered  to  be  paid, 
to  recover  the  full  amount  thereof  to  the  use  of  said  county. 

All  fines  and  penalties  provided  in  this  act  may  be  recovered  on 
complaint  or  indictment,  before  any  court  of  competent  jurisdic- 
tion, in  the  county  where  the  offence  is  committed. 

Moneys  received  by  the  treasurer  of  any  city,  town  or  county, 
under  the  provisions,  of  this  act,  and  not  expended  in  accordance 
with  its  provisions  may  be  applied  to  the  payment  of  any  city, 
town  or  county  expenses. 


218 


ORDINANCES. 


Claims  in  county 
of  Suffolk,  bow 
paid. 

1867.  130,  $ 13. 


Dangerous 
dogs,  how  dis- 
posed of. 

Ibid.  $ 14. 


Warrant,  form 
of,  for  killing 

dogs. 

Ibid.  $ 16. 


Sect.  13.  In  the  county  of  Suffolk,  all  moneys  received  for 
licenses  or  recovered  as  fines  or  penalties  under  the  provisions 
of  this  act,  which,  if  received  or  recovered  in  any  other  county, 
would  be  paid,  into  the  county  treasury,  shall  be  paid  into  the 
treasury  of  the  city  or  town  in  which  said  licenses  are  issued  or 
said  fines  or  penalties  recovered.  All  claims  for  damage  done 
by  dogs  in  said  county  shall  be  determined  by  appraisers,  as 
specified  in  section  ten  of  this  act,  and,  when  approved  by  the 
board  of  aldermen  or  selectmen  of  the  city  or  town  where  the 
damage  was  done,  shall  be  paid  in  full  on  the  first  Wednesday  of 
January  of  each  year  by  the  treasurer  of  said  city  or  town,  if 
the  gross  amount  received  by  him  and  not  previously  paid  out 
under  the  provisions  of  this  act  is  sufficient  therefor ; otherwise, 
such  amount  shall  be  divided  yro  rata,  among  such  claimants  in 
full  discharge  thereof. 

After  such  claims  have  been  approved  by  the  board  of  aider- 
men  or  selectmen,  the  treasurer  of  said  city  or  town  may,  and, 
when  ordered  by  the  board  of  aldermen  or  selectmen,  shall, 
bring  an  action  of  tort  to  recover,  against  the  owner  or  keeper 
of  any  dog  concerned  in  doing  the  damage,  the  full  amount 
thereof. 

Sect.  14.  Any  person  owning  or  keeping  a licensed  dog, 
who  may  have  received  a notice,  in  accordance  with  section  six- 
ty-one of  chapter  eighty-eight  of  the  General  Statutes,  that  said 
dog  is  mischievous  or  dangerous,  and  who  does  not  kill  it  or 
keep  it  thereafter  from  ever  going  at  large,  shall,  on  complaint 
or  indictment,  forfeit  ten  dollars,  if  it  be  proved  that  said  dog  be 
mischievous  or  dangerous. 

Sect.  15.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed. 

Sect.  16.  The  warrants  required  to  be  issued  by  the  seventh 
section  of  this  act  may  be  in  the  following  form,  viz : 
Commonwealth  of  Massachusetts. 

[Seal.] 

M ss.  To  , constable  of  the  town  (or  city) 

of 

In  the  name  of  the  Commonwealth  of  Massachusetts,  you  are 


FIRES. 


219 


hereby  required  to  proceed  forthwith  to  kill  or  cause  to  be  killed,  1867-  130>  5 10- 
all  dogs  within  the  said  town  not  duly  licensed  and  collared  accord- 
ing to  the  provisions  of  the  act  of  the  year  eighteen  hundred  and 
sixty-seven,  entitled  “ An  Act  concerning  Dogs,  and  for  the  pro.- 
tection  of  Sheep  and  other  Domestic  Animals,”  and  you  are  further 
required  to  make  and  enter  complaint  against  the  owner  or  keeper 
of  any  such  dog. 

Hereof  fail  not,  and  make  due  return  of  this  warrant  with  your 
doings  therein,  stating  the  number  of  dogs  killed  and  the  names  of 
the  owners  or  keepers  thereof,  and  whether  all  unlicensed  dogs  in 
said  town  (or  city)  have  been  killed,  and  the  names  of  persons 
against  whom  complaints  have  been  made  under  the  provisions  of 
said  act,  and  whether  complaints  have  been  made  and  entered 
against  all  the  persons  who  have  failed  to  comply  with  the  provis- 
ions of  said  act,  on  or  before  the  first  day  of  October  next. 

Given  under  my  hand  and  seal  at  aforesaid,  the 

day  of  in  the  year  eighteen  hundred  and 

(Mayor  of)  or  Chairman  of  the 
Selectmen  of 


FIRES. 

RULES. 

1.  Firemen  to  wear  badges. 

2.  Badge  not  to  be  lent. 

3.  Unauthorized  persons  not  to 
have  badge. 

4.  When  badge  is  lost. 

5.  Disorderly  firemen  to  be  dis- 
missed. 

6.  Substitutes,  how  many. 

7.  How  appointed. 

STATUTE.1 

Section  1.  When  property  is  destroyed  by  fire,  and  a com-  Jury  of  inque* 
plaint,  within  thirty  days  thereafter,  is  subscribed  and  sworn  to  iseu^o^i. 
by  any  person  before  any  police  court,  or  any  municipal  court, 


STATUTE. 

1.  Jury  of  inquest  may  be  called. 

2.  Oath  of  jurors. 

3.  Witnesses  to  attend. 

4.  Oath  of  witnesses. 

5.  Testimony,  how  taken. 

6.  Inquisition,  how  filed. 

7.  Fees  and  expenses. 


An  act  to  provide  for  Inquests  in  cases  of  Fire,  passed  June  1,  1867. 


220 


ORDINANCES. 


1867.  303,  §1. 


Oath  of  jurors. 
Ibid.  $ 2. 


Witnesses  to 

tend. 

Ibid.  $ 3. 


Oath  of  wit- 
nesses. 

Ibid.  $ 4. 


or  any  trial  justice,  alleging  that  reasonable  grounds  exist  for 
believing  that  the  fire  was  caused  by  design,  and  a majority  of 
the  mayor  and  aldermen  or  selectmen  of  the  city  or  town  respec- 
tively in  which  said  property  is  situated  certify  in  writing,  that 
in  their  opinion,  the  same  is  a proper  case  for  investigation,  such 
court  or  justice  shall  forthwith  issue  a warrant  to  a constable  of 
the  place  where  the  property  was  destroyed,  requiring  him  forth- 
with to  summon  six  good  and  lawful  men  of  the  county  to  appear 
before  the  court,  or  justice,  at  a time  and  place  expressed  in  the 
warrant,  to  inquire  when  and  by  what  means  the  fire  originated  j 
which  warrant  shall  be  served  and  returned  in  the  manner  pre- 
scribed in  section  three  of  chapter  one  hundred  and  seventy-five 
of  the  General  Statutes;  and  the  constables  and  jurors  shall  be 
subject  to  the  penalties  .therein  specified  for  similar  neglects. 
If  any  person  so  summoned  does  not  appear,  the  constable  shall 
by  order  of  the  justice  or  court,  return  some  person  from  the 
by-standers  to  complete  the  number. 

Sect.  2.  The  justice  or  court  shall,  in  view  of  the  spot  on 
which  the  property  was  destroyed,  administer  to  the  persons 
thus  summoned  or  returned  the  following  oath:  “You  solemnly 
swear,  that  you  will  diligently  inquire  and  true  presentment 
make,  on  behalf  of  this  Commonwealth,  when  and  by  what  means 
the  fire  which  has  here  occurred  was  caused,  and  that  you  will 
return  a true  inquest  according  to  your  knowledge  and  such  evi- 
dence as  shall  be  laid  before  you.  So  help  you,  God.” 

Sect.  3.  The  justice  or  court  may  issue  subpoenas  for  wit- 
nesses returnable  forthwith  at  a time  and  place  therein  set  forth. 
Their  attendance  may  be  enforced  in  like  manner  as  if  they  had 
been  subpoenaed  in  behalf  of  the  Commonwealth. 

Sect.  4.  An  oath  to  the  following  effect  shall  be  adminis- 
tered to  such  witnesses : “You  solemnly  swear,  that  the  evi- 

dence which  you  shall  give  to  the  inquest,  concerning  the  origin  of 
the  fire  of  which  inquiry  is  now  to  be  made,  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth.  So  help  you, 
God.” 


FIRE  DEPARTMENT. 


221 


Sect.  5.  The  testimony  shall  be  reduced  to  writing  by  the  Testimony,  how 

tciKcn* 

presiding  justice,  or  some  person  by  his  direction,  and  sub-  1867.  303,  $5. 
scribed  by  the  witnesses. 

Sect.  6.  The  jury,  after  hearing  the  testimony  and  making  Iniui8ition>ho'sr 

filed. 

all  needful  inquiry,  shall  draw  up  and  deliver  to  the  justice  or  ibid.  $ e. 
court  their  inquisition  under  their  hands,  in  which  they  shall  find 
and  certify  when  and  by  whot  means  the  fire  was  caused ; and 
said  inquisition  and  testimony  thus  subscribed  shall,  within  one 
week  thereafter,  be  filed  by  the  magistrate  with  the  clerk  of  the 
courts  for  the  county,  or  in  the  county  of  Suffolk  with  the  clerk 
of  the  municipal  court. 

Sect.  7.  The  fees  of  the  magistrate,  and  the  expenses  of  the  Fees  and  ex* 

0 A penses. 

inquisition,  shall  be  the  same,  and  be  returned,  audited,  certified  ibid.  $ 7. 
and  paid  in  like  manner  as  is  provided  for  coroners’  inquests. 


FIRE  DEPARTMENT. 

RULES.1 

Section  1.  All  members  of  the  Boston  Fire  Depar  tment,  Firemen  to  wear 
and  substitutes  not  exceeding  two  for  each  Engine  and  Hose  badge™11011 
Company  and  four  for  each  Hook  and  Ladder  Company,  shall,  Dec*  10,1867‘ 
while  on  duty  as  firemen,  or  at  fires,  in  addition  to  the  fire  hat 
and  leather  badge  now  worn,  wear  the  corporation  badge,  in 
a plain  conspicuous  manner  on  the  vest  or  coat,  and  no  mem- 
ber will  be  allowed  to  enter  the  line  at  a fire,  or  any  building 
when  on  fire,  without  said  badge. 

Sect.  2.  No  member  will  be.  allowed  to  lend  his  badge  on  Badge  not  to  t>* 
any  pretext  whatever,  under  the  penalty  of  dismissal  from  the  ibid, 
department. 

Sect.  3.  Any  person  appearing  at  a fire  with  a badge  who  unauthorized^ 
is  not  a member,  or  regularly  appointed  substitute,  will  be  deemed  wear  badges, 
guilty  of  a misdemeanor,  and  will  be  punished  accordingly. 


1 Rules  and  regulations  adopted  by  Board  of  Engineers,  Dec.  4,  1867, 
and  approved  by  mayor  and  aldermen,  Dec.  10,  1867. 


222 


ORDINANCES. 


When  badge  i8  Sect.  4.  Any  member  who  loses  his  badge,  will  imme- 

Dec.  io,  1867.  diately  advertise  the  same,  and  use  the  utmost  diligence  to 
recover  it,  and  in  case  of  failure  will  be  charged  with  the  price 
of  five  dollars  for  the  badge. 

Disorderly  Sect.  5.  If  any  member  in  going  to  or  returning  from  a fire 

members  to  be  */  do  o 

dismissed.  shall  behave  in  any  way  unbecoming  a fireman,  any  party  ag- 

Ibid. 

grieved  may  report  to  the  Chief  Engineer  the  number  of  his  badge 
and  if  said  fireman  refuses  to  give  his  number  correctly,  it 
will  be  deemed  good  cause  for  his  dismissal  from  the  depart- 
ment. 

Substitutes,  Sect.  6.  Each  Engine  and  Hose  Company  may  have  substi- 

ibid.  tutes  not  to  exceed  two,  and  each  Hook  and  Ladder  Company 

not  to  exceed  four,  to  do  duty  in  place  of  persons  absent  from 
duty,  as  provided  by  City  Ordinance,  viz : in  cases  of  sickness 
or  absence  from  the  city. 

»ppointedS,hoW  Sect.  7.  Said  substitutes  shall  be  approved  by  the  Chief 

ibid.  Engineer,  or  by  the  Engineer  of  the  district,  upon  the  recommen- 

dation of  the  respective  companies. 


HARBOR.1 


STATUTE. 

1.  Harbor  Commission  to  contract 
for  sea-wall,  and  to  deepen  flats. 

2.  May  modify  a certain  line. 

3.  Engineer  to  be  appointed  by 
governor.  Plans  to  be  ap- 
proved. Compensation. 


4.  Boston  Wharf  Co.’s  power  re- 
voked. 

5.  Engineer  to  make  surveys. 

6.  Appropriations. 

ORDINANCE. 

Dredging  machine,  care  and 
use  of. 


STATUTE.2 


Harbor  commis-  Section  1.  The  board  of  harbor  commissioners  is  hereby 

6ion  to  contract  v 

for  sea-waii  and  authorized  and  empowered  to  contract  with  any  responsible 

to  deepen  flats. 

1867.  364,  $ 1.  ' ' 

1 Resolves  in  relation  to  the  Commonwealth  Plats  near  South  Boston : 
Besolved,  That  a joint  committee,  consisting  of  three  members  on  the 
part  of  the  senate,  with  six  members  on  the  part  of  the  house  of  repre- 

2 An  act  for  the  improvement  of  the  Harbor  of  Boston  and  the  Common- 
wealth’s Flats  therein,  passed  June  1,  1867. 


HARBOR. 


223 


person  or  persons  for  the  construction  of  a continuous  sea-wall  1867,  354» 5 1< 
upon  the  flats  of  the  Commonwealth  in  Boston  harbor  as  here- 
inafter described.  They  are  also  authorized  and  empowered 
to  contract  for  the  dredging  and  deepening  of  such  flats  as  are 

sentatives,  be  appointed,  with  full  authority,  subject  to  the  approval  of  the 
governor  and  council,  to  release  for  money  or  such  other  valuable  con- 
sideration and  upon  such  terms  and  conditions  as  they  shall  think  fit,  the 
right,  title  and  interest  of  the  Commonwealth,  in  and  to  the  whole  or  any 
part  of  the  land  and  flats  in  Boston  Harbor,  which  lie  northerly  of  South 
Boston  and  easterly  of  Fort  Point  Channel,  and  within  the  exterior  line  on 
the  plan  for  the  occupation  of  the  flats  owned  by  the  Commonwealth  in 
Boston  Harbor,  approved  by  the  legislature  in  the  eighty-first  chapter  of 
the  resolves  of  the  year  one  thousand  eight  hundred  and  sixty-six,  and  on 
any  modification  of  said  plan  hereafter  made ; and  said  committee  may  sit  in 
the  recess  of  the  legislature. 

Resolved , That  said  committee  may  contract  with  any  person  or  persons, 
or  the  city  of  Boston,  for  the  filling  of  any  portion  of  said  flats  or  for 
building  wharves,  or  making  docks,  basins,  streets,  bridges  or  sewers, 
dredging,  or  doing  any  other  work  upon  or  in  relation  to  said  flats ; and  to 
pay  for  the  same  by  conveyances  of  any  portions  of  said  flats,  or  the 
granting  of  any  rights  or  privileges  therein,  and  for  laying  out  and  build- 
ing streets  and  sewers  to  and  over  said  flats  or  any  part  thereof,  reserving 
and  laying  out  channels ; and  they  may  authorize  any  corporations  or  per- 
sons to  lay  and  use  railroad  tracks  over  any  parts  of  said  flats,  for  the  pur- 
pose of  transporting  materials  for  filling  up  the  said  flats  and  of  any  other 
work  in  relation  thereto,  and  shall  have  full  power  to  determine  and  settle, 
by  agreement,  arbitration,  or  process  of  law,  the  relative  rights  and  inter- 
ests of  the  Commonwealth  and  all  other  parties  in  and  to  and  over  said 
flats  and  any  parts  thereof ; and  said  committee  shall  have  power  to  enter 
into  any  contracts  in  regard  to  the  occupation  and  improvement  of  said 
fiats  which  said  committee  think  best : provided , that  every  conveyance 
made  and  the  terms  thereof,  every  contract  entered  into,  every  authority 
given  for  laying  railroad  tracks  and  otherwise,  every  plan  for  the  occupa- 
tion of  said  flats  and  building  docks,  basins,  wharves,  streets  and  sewers 
thereon,  adopted  by  said  committee,  and  all  acts  of  said  committee  in  rela- 
tion to  said  flats,  shall  be  submitted  to  the  governor  and  council,  and  shall 
not  be  binding  on  the  Commonwealth,  and  shall  not  have  any  force  or 
effect  until  the  same  have  been  approved  by  the  governor  and  council ; and 
that  nothing  herein  contained  shall  authorize  said  committee,  by  any 
stipulation  or  contract,  to  require  the  payment  of  money  from  the  treasury 
of  the  Commonwealth.  And  all  moneys  received  under  and  by  virtue  of 
these  resolves,  other  than  moneys  hereinafter  applied  to  the  compensation 
fund,  shall  be  paid  to  the  treasurer  of  the  Commonwealth,  to  be  applied  to 
3 


224 


ORDINANCES. 


1867  . 354,  §1.  jn  front  0f  saj(5  Sea-wall,  for  the  purpose  of  filling  so  much  of 
the  flats  of  the  Commonwealth  as  may  be  included  within  a line 
behind  said  wall,  and  parallel  therewith,  such  filling  to  be 
extended  inwardly  only  so  far  as  may  be  necessary  to  support 

the  sinking  fund,  as  provided  for  by  section  three  of  chapter  one  hundred 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred  and  sixty-five. 

Besolved , That  the  said  committee  may  make  any  contracts  which  they 
think  judicious,  with  any  of  the  riparian  proprietors  in  South  Boston, 
for  the  purchase  of  any  of  their  flats,  or  rights  or  interests  therein : pro- 
vided, that  no  such  contract  shall  be  binding  on  the  Commonwealth  until 
the  same  has  been  approved  by  the  governor  and  council,  and  that  no  such  • 
contract  shall  require  the  payment  of  any  money  from  the  treasury  of  the 
Commonwealth  beyond  the  amount  received  under  this  act. 

Besolved , That  said  committee  shall  neither  fill  nor  make  any  contract 
for  the  filling  of  any  portion  of  said  flats,  nor  allow  the  same  to  be  filled 
by  any  person  or  persons,  without  first  providing  for  such  compensation 
for  tide-water  displaced  as  may  be  necessary  for  the  protection  and  preser- 
vation of  the  harbor  of  Boston,  the  amount  of  such  displacement  to  be 
ascertained,  and  the  amount  and  nature  of  the  compensation  necessary  to 
be  made  therefor,  or  the  worth  of  the  same  in  money,  to  be  determined  by 
said  committee,  after  consultation  with  the  board  of  harbor  commissioners 
and  the  advisory  council  of  said  board,  and  subject  to  the  approval  of  the 
governor  and  council;  and  such  work  shall  be  done  under  the  direction  of 
the  board  of  harbor  commissioners,  or  the  money  received  in  lieu  thereof 
shall  be  paid  into  the  treasury,  in  the  manner  provided  in  section  four  of 
chapter  one  hundred  and  forty-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-six,  and  shall  be  applied  to  making  compensation,  in  such 
manner  as  the  legislature  shall  hereafter  determine.  The  committee  shall 
estimate  the  cost  of  compensation  necessary  to  be  made  for  filling  the 
whole  area  herein  authorized  to  be  filled,  and  shall  inquire  into  the  best 
method  of  making  such  compensation,  and  report  all  the  facts  with  their 
recommendations  to  the  next  legislature. 

Besolved , That  said  committee  shall  appoint  a time  and  place  for  hearing 
of  all  parties  interested  in  the  premises,  on  all  matters  preliminary  to  the 
execution  of  •their  commission,  and  shall  give  at  least  ten  days’ notice 
thereof,  by  publication  in  three  or  more  newspapers  printed  in  the  city  of 
Boston ; and  it  shall  be  their  duty  to  suggest  for  consideration  any  new 
enactments  of  law  which  they  may  think  needful,  for  the  purpose  of  carry- 
ing into  full  effect  any  agreements  made  or  contemplated  by  them,  and  of 
securing  the  public  objects  aforesaid  in  the  future  improvement  of  said 
land  and  flats  conformably  to  said  plan ; and  they  shall  keep  an  account  of 
all  their  actual  services,  and  of  all  expenses  attending  the  execution  of 
their  commission,  to  be  duly  audited  and  allowed  by  the  governor  and 


HARBOR. 


225 


the  sea-wall,  and  upon  the  following  terms  and  conditions.  The  1867*  354,§1, 
sea-wall  shall  be  commenced  at  or  near  the  point  of  intersection 
of  the  line  marked  A on  the  commissioners’  line,  established  by 
chapter  three  hundred  and  eighty-five  of  the  acts  of  the  year 
one  thousand  eight  hundred  and  fifty-three,  with  the  easterly 
line  of  Fort  Point  Channel,  and  shall  be  built  from  that  point, 
and  within  and  parallel  with  the  exterior  line  to  the  point 
known  as  Slate  Ledge,  as  laid  down  on  the  plan  for  the  occupa- 
tion of  the  flats  owned  by  the  Commonwealth  in  Boston  harbor, 
approved  by  the  legislature  in  the  eighty-first  chapter  of  the 
resolves  of  the  year  one  thousand  eight  hundred  and  sixty-six, 
or  upon  any  modifications  of  said  plan  hereafter  made. 

Sect.  2.  The  board  of  harbor  commissioners  shall  have  May  modify  & 

. . certain  line. 

authority  to  modify  the  line  between  point  A and  the  point  ma.  $ 2. 
where  the  curve  strikes  the  exterior  line  recommended  by  the 
United  States  commissioners  on  Boston  harbor,  and  the  sea-wall 
shall  be  built  in  accordance  with  the  line  so  modified. 

Sect.  3.  An  engineer  shall  be  appointed  by  the  governor,  Engineer  ^ may 
whose  duty  it  shall  be  to  prepare  plans  and  specifications  for  governor, 
proposals  and  contracts  for  the  construction  of  said  sea-wall,  pensation°m 
dredging  and  filling.  He  shall  consult  with  the  harbor  commis-  lblcL$3' 
sioners,  and  shall  locate  said  wall  and  decide  upon  the  amount 
of  dredging  and  width  of  filling  behind  the  sea-wall,  having  due 
regard  for  economy  and  strength,  as  well  as  the  proper  direction 
of  the  currents  in  Boston  harbor.  All  plans  and  specifications 
for  contracts,  prepared  by  said  engineer,  shall  be  submitted  to 
the  governor  and  council ; and  if  approved  by  them,  the  Com- 
missioners shall  advertise  for  proposals  for  the  work;  which 
proposals  shall  be  submitted  to  the  governor  and  council;  and 
when  any  proposals  are  approved  and  accepted  by  them,  the 
commissioners  shall  sign  such  contract  as  the  representatives 

council,  and  paid  by  warrants  upon  the  treasury,  duly  drawn  for  that  pur- 
pose bj'  the  governor,  who  is  hereby  authorized  to  draw  the  same. 

The  authority  of  said  committee  shall  continue  until  the  action  of  the 
next  legislature  thereupon.  The  act  of  the  major  part  of  the  committee 
shall  be  taken  to  be  the  act  of  the  committee.  [ Approved , June  1,  18G7.] 


226 


ORDINANCES. 


Boston  Wharf 
Co.’s  license  re* 
yoked. 

Ibid.  $ 4. 


1867.  354,  §3.  0f  the  Commonwealth.  The  engineer  shall  have  the  superin- 
tendence of  all  the  works  to  be  done  in  pursuance  of  this  act, 
under  the  direction  of  the  board  of  harbor  commissioners.  The 
compensation  of  the  engineer  shall  be  fixed  by  the  governor  and 
council. 

Sect.  4.  All  license  and  authority  to  the  Boston  Wharf 
Company  to  extend  their  wharf  over  so  much  of  the  territory 
referred  to  in  section  one  of  chapter  four  hundred  and  fifty-five 
of  the  acts  of  the  year  eighteen  hundred  and  fifty-five,  as  lies 
between  lines  marked  A and  B,  described  in  chapter  three  hun- 
dred and  eighty-five  of  the  acts  of  the  year  eighteen  hundred 
and  fifty-three,  are  hereby  revoked,  except  so  far  as  substantial 
structures  may  have  been  erected  by  said  company  thereon. 

Sect.  5.  It  shall  be  the  duty  of  the  engineer,  appointed 
under  this  act,  to  cause  hydrographical  surveys  to  be  made 
from  time  to  time  for  the  purpose  of  determining  the  effect  upon 
the  harbor  of  the  structures  and  filling  in  connection  with  the 
dredging  herein  authorized,  and  in  case  it  shall  appear  that  the 
same  injuriously  affect  the  harbor,  by  reason  of  the  displace- 
ment of  tide-water,  compensation  shall  be  made  therefor,  in  such 
manner,  and  to  such  an  extent  as  the  legislature  shall  hereafter 
determine. 

Sect.  6.  For  the  works  to  be  done  under  this  act,  the  sum 
of  two  hundred  thousand  dollars  is  hereby  appropriated,  and 
shall  be  allowed  and  paid. 


Surveys  to 
made. 

Ibid.  $ 5. 


Appropriations. 
Ibid.  $ 6. 


ORDINANCE.1 

Dredging  ma- 
chine, care  and  Section  1.  The  Committee  on  the  Harbor  shall  have  charge 

March  22, 1867.  of  the  steam  dredging  machine  owned  by  the  city,  and  may  con- 
tract annually,  within  appropriations  previously  made  by  the 
City  Council,  for  the  services  of  such  persons  as  may  be  neces- 
sary to  keep  it  in  operation.  Said  Committee  may  make  such 
rules  and  regulations  in  relation  to  the  use  of  the  dredging  ma- 


1 An  ordinance  in  addition  to  an  ordinance  relating  to  the  preservation 
of  Boston  Harbor,  passed  March  22,  1867. 


HAY  WEIGHING. 


227 


chine,  and  the  conduct  of  the  men  employed  in  operating  it,  as  Mar-  22> 1867, 
they  shall  deem  proper.  They  may  make  contracts  with  indi- 
viduals and  corporations  for  the  use  of  the  dredging  machine,  fix 
the  amount  to  be  paid  therefor,  and  make  out  the  bills,  and  deposit 
them  with  the  City  Treasurer  for  collection. 


HAY  WEIGHING. 


ORDINANCES. 

1.  Office  hours  determined. 


Fees  to  be  collected. 


ORDINANCE.1 

Section  1.  The  ordinance  relating  to  the  weighing  of  hay  0ffice  hourfl* 

° ° J April  13, 1867, 

and  other  articles,  passed  on  the  twentieth  of  August,  eighteen 
hundred  and  fifty,  is  hereby  amended  in  the  fourth  section,  by 
striking  out  all  after  the  word  “ sunset  ” in  the  fifth  line,  to  the 
word  “ and  ” in  the  tenth  line,  and  inserting  in  place  thereof 
the  following  words,  u during  the  months  of  December,  January 
and  February ; and  from  seven  o’clock  in  the  forenoon  until  six 
o’clock  in  the  afternoon,  during  the  months  of  March,  April, 

May,  June,  July,  August,  September,  October,  and  November. 

Sect.  2.  From  and  after  the  passage  of  this  ordinance,  and  Fees, 
until  otherwise  provided,  the  fees  to  be  paid  for  the  weighing  of 
hay,  straw,  and  all  other  articles,  except  coal,  shall  be  one  cent 
for  every  hundred  pounds. 


1 An  ordinance  to  amend  an  ordinance  relating  to  the  weighing  of  Hay 
and  other  articles,  passed  April  13,  1867. 


228 


ORDINANCES. 


HEALTH. 


STATUTES. 

1.  City  to  take  property  and 
lands  near  Church  Street,  to 
file  description  in  Registry  of 
deeds,  may  raise  the  grade. 

2.  Parties  injured  to  have  rem- 
edy in  equity,  to  file  plans  and 
statements. 

3.  Court  to  appoint  Commis- 
sioners. 

4.  Duties  of  Commissioners. 

5.  To  report  to  the  Court. 

6.  Parties  aggrieved,  how  to 
proceed. 

7.  Decree  and  execution. 

8.  Costs  of  parties. 


9.  City  not  exempt  from  other 
liabilities. 

10.  How  to  proceed  against  the 
State.  Attorney-General  to 
appear. 

11.  Court  to  order  and  enforce 
decrees. 

12.  Legal  costs  how  paid. 

13.  City  may  construct  a street 
railway  for  transportation  of 
earth  for  filling. 

ORDINANCE. 

1.  Internal  health  department 
abolished. 

2.  Pees  of  funeral  undertakers. 


STATUTE.* 1 


City  may  take 
lands  and  prop- 
erty. 

1 867.  308,  § 1. 


Bounds  defined. 


Shall  file  de- 
scription and 
statement  in 
registry  of 
deeds. 


Mayor  to  sign. 


Section  1.  The  city  of  Boston  may  purchase  or  otherwise 
take  the  lands  or  any  of  them  in  said  city,  with  the  buildings 
and  other  fixtures  thereon,  situated  and  lying  within  the  district 
bounded  on  the  northwest  by  the  northwesterly  line  of  Colum- 
bus Avenue,  extended  to  Church  Street ; on  the  north  by  the 
line  of  the  southerly  side  of  the  passenger  station  of  the  Boston 
and  Providence  Railroad  Corporation,  and  the  same  extended 
to  the  westerly  line  of  Church  Street ; on  the  east  by  Pleasant 
Street ; on  the  southeast  and  south  by  Tremont  Street  and  the 
Boston  and  Worcester  Railroad;  and  on  the  west  by  Ferdinand 
Street.  Said  city  shall,  within  sixty  days  from  the  time  they 
shall  take  any  of  said  lands,  file  in  the  office  of  the  registry  of 
deeds  for  the  county  of  Suffolk,  a description  of  the  lands  so 
taken,  as  certain  as  is  required  in  a common  conveyance  of 
lands ; and  a statement  that  the  same  are  taken  pursuant  to  the 
provisions  of  this  act;  which  said  description  and  statement 
shall  be  signed  by  the  mayor  of  said  city;  and  the  title  to  all 


1 An  act  to  enable  the  City  of  Boston  to  abate  a nuisance  existing  therein, 
and  for  the  preservation  of  the  public  health  in  said  city,  passed  June 

1,  1867.. 


HEALTH. 


229 


land  so  taken  shall  vest  in  the  city  of  Boston,  and  if  any  party  ™e  t0  vest  in 
whose  land  is  taken  shall  agree  with  the  said  city  upon  the  dam-  Damage,  how 
age  done  to  him  by  the  said  taking,  the  same  shall  be  paid  to  m * pa  d* 
him  by  the  said  city  forthwith.  And  it  shall  be  the  duty  of  the  Citr  6ha11  raise 

grade  of  terri- 

city  of  Boston,  forthwith  to  raise  the  grade  of  said  territory  so  tory. 
taken  or  purchased,  laying  out  and  filling  up  the  same  with  good  18G7'  3°8’ § 1* 
materials,  with  reference  to  a complete  drainage  thereof,  so  as 
to  abate  the  present  nuisance,  and  to  preserve  the  health  of  the 
city,  and  in  no  wise  to  affect  injuriously  the  lands  of  the  Com- 
monwealth or  its  grantees  in  the  back  bay,  or  the  system  of 
drainage  therein. 

Sect.  2.  Any  person  entitled  to  anv  estate  in  any  part  of Person  entitled 
the  land  so  taken  may,  at  any  time  within  one  year  from  the  may  file  bin  in 
time  when  the  same  shall  be  taken,  as  well  in  his  own  behalf,  as  court"  for  dam- 
in  behalf  of  all  other  persons  having  estates  in  the  land  so  tak-  age8  agai"8t 
en,  file  a bill  in  equity  in  the  supreme  judicial  court,  in  the  p°wer  Co.,  or 

other  party. 

county  of  Suffolk,  setting  forth  the  taking  of  the  complainant’s  ibid.  § 2. 
land,  and  the  condition  of  the  same  in  respect  to  its  capacity  for 
drainage,  and  whether  the  complainant  claims  any  and  what 
damages  against  the  city  of  Boston,  or  the  Boston  Water  Power 
Company,  or  any  other  corporation  or  person,  by  reason  of  any 
and  what  wrongful  act  or  omission,  by  their  causing  a diminution 
in  the  value  of  his  land  at  the  time  of  said  taking,  and  praying 
an  assessment  of  damages  against  such  parties.  And  upon  the  court  shall 
filing  of  such  a bill,  the  said  court  shall  cause  notice  of  the  pen-  ^"ndantB^and 
dency  of  said  bill  to  be  given  to  the  parties  named  therein  as  Public  notice  t0 

others  in  inter- 

delendants,  according  to  the  course  of  courts  of  equity,  and  also  est. 
public  notice  thereof,  to  all  persons  in  whose  behalf  such  bill 
shall  be  filed,  to  appear  and  become  parties  thereto,  if  they  shall 
think  fit  to  do  so.  Said  court  shall  prescribe  how  such  public  shall  determine 
notice  shall  be  given,  and  what  length  of  time  shall  be  allowed  foMippearii^?0 
for  appearing  and  becoming  a party  to  such  suit.  Any  party  Party  failing  to 
failing  so  to  appear  and  become  a party  within  the  time  pre-  appcar  8ha11  b® 


barred. 


scribed  by  the  court,  shall  be  forever  barred  from  recovering 
any  damages  on  account  of  such  taking.  Each  person  so  appear- 


230 


ORDINANCES. 


higrS°to  SrST  an(^  becoming  a Party>  shall  a WI*itten  description  of  the 
ecription  and  land  in  which  he  claims  an  estate,  together  with  a plan  thereof, 
1867.  308,  §2.  so  as  clearly  to  distinguish  the  same  from  all  other  lands,  and 
claims  for  in-  shaii  aiso  declare  what  estate  he  claims  therein.  If  he  claims 

jury  "by  taking; 

statement  re-  that  the  value  of  said  lands  at  time  of  taking  the  same  was  les- 
sened by  any  unlawful  act  or  omission  of  the  city  of  Boston,  or 
the  Boston  Water  Power  Company,  or  any  other  corporation  or 
person,  so  that  the  value  of  the  land  in  its  condition  when  taken, 
would  not  be  a just  compensation  for  all  the  estate  and  rights 
of  the  party  in  and  in  reference  to  the  same,  such  party  shall 
also  state  what  such  injury  is,  and  how  and  by  whom  the  same 
had  been,  or  is,  caused,  and  what  right  or  title  of  the  party 
is  violated,  and  what  amount  of  damages  in  gross  is  claimed  by 
him,  as  compensation  therefor,  from  each  of  the  parties  defend- 
ant. 

Sect.  3.  Upon  the  expiration  of  the  time  allowed  for  appear- 
ance to  the  said  bill,  the  said  court  shall  appoint  three  commis- 
sioners, who  shall  receive  such  compensation  as  the  said  court 
shall  fix,  to  be  paid  by  the  city  of  Boston. 

Sect.  4.  It  shall  be  the  duty  of  the  said  commissioners,  after 
due  notice,  to  hear  each  of  the  said  parties,  including  the  said 
city  of  Boston,  and  the  said  Water  Power  Company,  $nd  other 
parties  named  as  defendants,  and  to  assess  the  present  value  of 
each  parcel  of  the  said  land  claimed  by  any  party  so  appear- 
ing, with  its  capacity  for  drainage  in  its  present  condition ; and 
the  amount  in  gross,  if  any,  of  damages  done  to  such  parcel  of 
land  by  reason  of  any  unlawful  act  or  omission  of  the  city 
of  Boston,  or  the  Water  Power  Company,  or  any  other  party 
defendant,  affecting  its  value  at  the  time  of  said  taking. 

Sect.  5.  Said  commissioners,  or  the  major  part  of  them,  shall 
make  report  to  the  said  court  of  their  doings,  and  when  request- 
ed by  any  party,  of  the  evidence  touching  any  exception  intended 


Court  shall  ap- 
point commis- 
sioners; city 
shall  pay. 

Ibid.  § 3. 


Duties  of  com- 
missioners. 

Ibid.  § 4. 


Shall  report  do- 
ings to  court, 
and,  upon  re- 
quest, evidence 
for  party. 

Ibid.  § 5. 


to  be  taken  by  him. 

Sect.  6.  Any  party  aggrieved  may 


either  except  to  the 


Party  aggrieved, 
how  may  pro- 
ceed. report  of  the  said  commissioners,  and  have  the  exception  heard 

Ibid.  $ 6. 


HEALTH. 


231 


and  determined  by  the  said  court,  according  to  its  course  as  a 1867, 308, 5 6* 
court  of  equity,  or  may  apply  to  the  said  court  to  have  proper 
issues  framed  and  tried  by  a jury,  and  proceeded  in  as  in  other 
cases  of  issues  ordered  by  the  said  court.  And  on  the  trial  of 
any  such  issue,  the  report  of  the  commissioners  respecting  its 
subject-matter  shall  be  prima  facie  evidence  of  what  is  therein 
stated. 

Sect.  7.  When  it  shall  be  finally  determined  what  amount  of  ®et^®e“^eexe‘ 
damages  any  party  is  entitled  to  recover  against  the  city  of  given  free  of 

other  pending 

Boston  or  the  Boston  Water  Power  Company,  or  any  other  claims, 
party  defendant,  a separate  decree  shall  be  entered  accordingly,1*1^7, 
and  execution  therefor  shall  be  issued,  without  regard  to  the 
pendency  of  the  claims  of  any  other  party  or  parties,  or  of 
other  claims  of  such  complainant. 

Sect.  8.  If  any  party  shall  elect  a jury,  he  shall  recover  his  party 

legal  costs,  if  the  award  of  the  commissioners  shall  be  altered  in  iwa.  § 8- 
his  favor ; otherwise,  he  shall  be  liable  for  the  legal  costs  of  the 
other  party*  or  parties. 

Sect.  9.  Nothing  in  this  act  shall  be  construed  as  exempting  ^ptnc*ty\om 
the  city  of  Boston  from  any  obligation  it  would  otherwise  be  liabilitiea  other* 
under,  to  make  compensation  to  the  owners  of  lands  abutting  on  iwd.  § 9. 
or  near  to  the  territory  described  in  the  first  section  of  this  act, 
for  any  injury  it  may  do  to  such  lands  in  any  acts  of  raising, 
filling  or  draining  said  territory  or  any  part  thereof. 

Sect.  10.  If  any  party  shall  allege  that  the  value  of  his  land  Claim  of  Paiy 
at  the  time  of  the  said  taking  had  been  diminished  by  any  act  be  in  nature  of 

. , petition  of  right. 

or  omission  of  the  Commonwealth  or  its  agents  or  officers,  for  ibid.  §io. 
which  diminution  the  Commonwealth  ought  to  make  him  com- 
pensation, he  shall  make  the  allegations  relating  thereto  in  a 
separate  article  of  the  bill,  in  the  nature  of  a petition  of  right 
against  the  Commonwealth,  and  the'  court  shall  cause  notice 
thereof  to  be  served  upon  the  attorney-general.  And  the  attor-  Attorney-gen- 

J eral  to  appear. 

ney-general  shall  appear,  and  may  make  a separate  answer  commissioners 
thereto;  and  the  commissioners  appointed  by  the  court  to  assess  court^teport, 
damages  under  this  act,  are  hereby  empowered  to  make  a sep- 

• i 


232 


ORDINANCES. 


1867.  308,  $ 10. 


S.  J.  Court  to 
instruct  commis- 
sioners in  law, 
on  request. 


Report  to  be 
filed  in  court 
and  with. the 
governor. 

Court  may  certi- 
fy costs. 


Court  may 
make  orders  and 
decrees  to  en- 
force act. 

Ibid.  § 11. 


Costs  accruing, 
how  paid. 

Ibid.  § 12. 


City  may  lay 
railway  tracks 
through  streets, 
for  transporta- 
tion of  materials 
to  Church  Street 
district. 

1867.  353,  $ 1. 


arate  report  of  the  damages,  if  any,  caused  to  any  party  by  any 
act  or  omission,  for  which  the  Commonwealth  is  responsible,  and 
shall,  at  the  request  of  the  attorney-general,  report  the  evidence, 
together  with  the  grounds  of  their  opinion  why  the  Common- 
wealth ought  to  pay  the  same.  And  it  shall  be  the  duty  of  the 
supreme  judicial  court  to  instruct  the  said  commissioners  on  any 
matter  of  law  involved  in  their  decision,  at  the  request  of  any 
party  or  of  the  commissioners,  and  the  proceedings  shall  be  con- 
formed, as  nearly  as  possible,  to  those  in  suits  in  equity.  And 
the  final  report  of  the  commissioners  on  the  subject  of  the  claims 
upon  the  Commonwealth,  shall  be  filed  in  court  in  the  cause, 
and  a duplicate  thereof  transmitted  to  his  excellency  the  gov- 
ernor. And  if,  in  the  opinion  of  the  court,  it  is  reasonable  that 
the  Commonwealth  bear  any  part  of  the  costs  or  expenses,  the 
same  shall  be  certified  with  the  said  report. 

Sect.  1 1 . Said  court  may  make  all  orders  and  decrees  ne- 
cessary to  carry  into  full  effect  the  intent  of  this  act,  and  may  at 
its  discretion,  at  any  stage  of  the  proceedings,  order*  a party  to 
give  security  for  the  payment  of  damages  or  costs. 

Sect.  12.  All  legal  costs  which  shall  accrue  in  proceedings 
under  this  act,  not  otherwise  provided  for,  shall  be  paid  as  the 
said  court  shall  order. 

Sect.  13.  The  city  of  Boston  is  hereby  authorized  to  lay 
railway  tracks  through  any  street  or  streets  of  said  city,  and  to 
maintain  them  so  long  as  it  may  be  necessary  to  enable  them  to 
transport  earth  and  other  material  to  fill  up  the  Church  Street 
district,  so  called,  and  to  abate  the  nuisance  existing  therein, 
under  the  provisions  of  the  act  entitled  “ An  Act  to  enable  the 
city  of  Boston  to  abate  a nuisance  therein,  and  for  the  preser- 
vation of  the  public  health  in  said  city,”  passed  at  this  present 
session. 


HEALTH. 


233 


ORDINANCE.1 

Section  1.  The  ordinance  relating  to  the  Public  Health,  Department  of 

° # “internal" 

passed  May  twenty-first,  in  the  year  eighteen  hundred  and  sixty-  health  aboi- 
three,  is  hereby 'amended,  by  striking  out  in  the  second  line  of  gept  ‘28,  1867. 
the  fifth  section  the  word  u internal ; ” also  by  striking  out  in 
the  twelfth  line  of  said  section  the  word  “ internal ; ” also  by 
striking  out  in  the  twelfth  line  of  the  forty-fifth  section  the 
word  “internal,”  also  by  striking  out  in  the  eighteenth  line  of 
the  forty-seventh  section  the  word  “ internal.” 

Sect.  2.  The  twenty-fourth  section  of  the  ordinance  relat- 
ing to  the  Public  Health,  passed  May  twenty-first,  in  the  year 
eighteen  hundred  and  sixty-three,  is  hereby  stricken  out,  and 
the  following  is  inserted  in  place  thereof : 

Sect.  24.  For  services  rendered  in  accordance  with  the  pro-  fe®8  of  under* 
visions  of  this  ordinance,  undertakers  shall  be  entitled  to  receive  Oct.  22, 1867. 
the  following  fees,  and  no  more,  to  wit : For  digging  a grave 
eight  feet  deep  and  covering  the  same,  three  dollars  and  fifty 
cents ; for  digging  a grave  six  feet  six  inches  deep,  two  dollars ; 
for  digging  a grave  five  'feet  deep,  one  dollar  and  seventy-five 
cents ; for  digging  a grave  four  feet  deep,  one  dollar  and  fifty 
cents;  for  digging  a grave  three  feet  six  inches  deep,  one  dollar 
and  twenty -five  cents ; and  when  the  ground  is  frozen,  the  charge 
for  digging  graves  may  be  augmented  at  the  discretion  of  the 
City  Registrar. 

For  opening  and  closing  a tomb,  one  dollar  and  fifty  cents; 
for  placing  a corpse  in  a coffin,  when  requested,  and  removing 
the  same  down  stairs,  one  dollar  and  fifty  cents ; for  carrying  a 
corpse  to  the  tomb  or  grave,  including  the  assistance  of  funeral 
porters  and  one  horse,  five  dollars ; for  carrying  a corpse  to  the 
tomb  or  grave,  including  the  assistance  of  funeral  porters  and  two 
horses,  seven  dollars  and  fifty  cents ; for  carrying  a corpse  out 
of  the  city,  there  shall  be  allowed  fifty  cents  in  addition  for  each 

1 An  ordinance  to  amend  an  ordinance  relating  to  Public  Health,  passed 
September  28, 1867.  An  ordinance  to  amend  an  ordinance  relating  to  Pub- 
lic Health,  passed  October  22,  1867. 


234 


ORDINANCES. 


Oct.  22, 1867, 


Penalty  for  in 
jury  to  bdoke. 
1867.  69,  $ 1. 


mile  beyond  the  limits  of  the  city.  When  a corpse  shall  be 
carried  into  a church  for  a funeral  service,  the  undertaker  may 
make  an  additional  charge  of  two  dollars.  For  lighting  a cem- 
etery, one  dollar.  For  the  burial  of  children  under  ten  years  of 
age,  the  fees  shall  be  as  follows : For  services  at  the  house,  one 
dollar ; for  carrying  the  corpse  to  the  carriage,  and  from  the 
carriage  to  the  place  of  deposit,  and  interring  the  same,  one  dol- 
lar; for  the  use  of  a pall,  twenty-five  cents. 

In  cases  of  disinterring  and  removing  bodies  from  graves  or 
tombs,  the  fees  to  be  charged  therefor  shall  be  in  accordance 
with  the  amount  and  nature  of  the  services  rendered.  No  un- 
dertaker shall  remove  from  the  city  any  corpse  until  he  has  pre- 
sented his  bill  for  the  services  rendered  under  this  ordinance  to 
the  City  Registrar  for  his  approval ; and  no  bill  for  the  inter- 
ment of  any  corpse  shall  be  presented  for  payment  before  it  is 
approved  by  the  City  Registrar. 


LIBRARY. 

* STATUTE. 

1.  Penalty  for  injury  to  books. 

STATUTE.1 

Whoever  wilfully  and  maliciously  writes  upon,  injures,  defaces, 
tears  or  destroys  any  book,  plate,  picture,  engraving  or  statue 
belonging  to  any  law,  town,  city  or  other  public  library,  shall  be 
punished  by  a.  fine  of  not  less  than  five  dollars  nor  more  than 
one  thousand  dollars  for  every  such  offence. 


1 An  act  for  the  preservation  of  Books  and  other  Property  belonging  to 
Public  Libraries,  passed  March  16,  1867. 


MARRIAGES. 


235 


MARRIAGES. 


STATUTES. 

1.  Non-residents  intending  mar- 
riage to  give  notice  to  City- 
Registrar. 


2.  Marriage  may  be  solemnized  by 
Justice  of  Peace. 

3.  Penalty  for  violation  of  act. 


STATUTE.1 


Section  1.  Persons  living  without  the  Commonwealth  and  Non-residents  t° 

give  notice  of  in- 
intending to  be  joined  in  marriage  within  the  Commonwealth,  tention  to 

shall,  before  their  marriage,  cause  notice  of  their  intention  to  be  58,  $i. 

entered  in  the  office  of  the  clerk  or  registrar  of  the  city  or  town 

in  which  they  propose  to  have  the  marriage  solemnized : and  no 

marriage  between  such  parties  shall  be  solemnized  until  they 

shall  have  delivered  to  the  justice  of  the  peace  or  minister  in 

whose  presence  the  marriage  is  to  be  contracted  a certificate 

from  such  clerk  or  registrar,  specifying  the  time  when  notice 

of  the  intention  of  marriage  was  entered  with  him,  together 

with  all  the  facts  in  relation  to  the  marriage  required  by  law  to 

he  ascertained  and  recorded,  except  those  respecting  the  person 

by  whom  the  marriage  is  to  be  solemnized. 

Sect.  2.  Marriages  may  be  solemnized  by  a justice  of  the  Justices  of  peace 

may  solemnize 

peace  in  the  county  for  which  he  is  appointed.  such  marriages. 

Sect.  3.  A justice  of  the  peace  or  minister  who  joins  persons  Penait/for  vio- 
in  marriage  contrary  to  the  provisions  of  this  act  shall  forfeit  If??"0! act* 

Ibid*  y 3, 

not  less  than  fifty,  nor  more  than  one  hundred  dollars. 


1 An  act  relating  to  the  Marriage  of  Non-Resident  Parties,  passed  March 
11,  1867. 


236 


ORDINANCES. 


MUNICIPAL  COURT. 


STATUTES. 

1.  Court  may  commit  lunatics. 

2.  Sections  of  G.  S.  129  may  apply 
to  civil  actions. 

3.  Writs  not  to  be  served  in  other 
counties. 


4.  When  plaintiff’s  claim  will  not 
exceed  $20. 

5.  When  civil  writs  may  be  served. 

6.  Clerk  for  civil  business  may  ap- 
point an  assistant. 


STATUTE.1 

May  commit  lu-  Section  1.  Any  judge  of  the  municipal  court  of  the  city  of 

1867. 355,  $1.  Boston  may,  in  the  absence  of  the  judge  of  probate  for  the 
county  of  Suffolk  and  not  otherwise,  commit  to  the  state  lunatic 
hospital  at  Taunton,  and  the  Boston  lunatic  hospital,  any  insane 
person,  who,  in  their  opinion,  is  a proper  subject  for  its  treat- 
ment or  custody,  in  accordance  with  the  provisions  of  chapter 
two  hundred  and  twenty-three  of  the  acts  of  the  year  one  thou- 
sand eight  hundred  and  sixty-two,  and  the  acts  in  addition 
thereto. 

Sections  of  o.  Sect.  2.  Sections  seven,  eight,  nine,  eleven,  twelve,  thirteen, 

to*  Si  Actions7  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty, 

Ibid<  5 2-  twenty-three,  twenty-four,  twenty-five,  twenty-six,  twenty-seven, 
twenty-eight,  thirty -nine,  forty,  fifty-nine,  sixty,  sixty-one,  seventy- 
one  and  seventy-eight,  of  chapter  one  hundred  twenty-nine  of 
the  General  Statutes  shall  apply  to  civil  actions  before  said 
court : provided, ' however , that  answers  in  compliance  with  said 
chapter  shall  be  filed  only  when  required  by  rules  and  orders  of 
said  court. 

writs  not  to  be  Sect.  3.  No  writ  or  process  issued  by  said  court  in  civil 

served  in  other  . . 

counties.  actions  or  proceedings  shall  run  into  or  be  served  in  any  county 
other  than  Suffolk  county,  except  as  provided  in  section  seven  of 
chapter  one  hundred  and  twenty,  and  in  section  seventy-seven  of 
chapter  one  hundred  and  forty-two  of  the  General  Statutes. 
And  in  all  civil  actions  in  said  court  wherein  the  writ  or  process 


1 An  act  concerning  the  Municipal  Court  of  the  City  of  Boston,  passed 

June  1,  1867. 


MUNICIPAL  COURT. 


237 


is  served  upon  the  defendant  in  any  county  other  than  Suffolk  1867-  355> $ 3- 
county,  except  as  above  provided,  if  the  plaintiff  finally  recovers 
a sum  not  exceeding  twenty  dollars,  for  debt  or  damages,  he 
shall  be  entitled  to  no  costs,  except  as  provided  in  the  following 
section ; but  the  defendant  shall  recover  the  costs  to  which  he 
would  have  been  entitled  if  he  had  been  the  prevailing  party. 

Sect.  4.  If  the  plaintiff’s  claim  in  a writ  served  upon  the  Plaintiff’s  claim, 
defendant  out  of  Suffolk  county,  as  established  on  the  trial,  ex-  not  t0  exceed 
ceeds  twenty  dollars,  and  is  reduced  to  that  amount  or  less  or  ^ $ 4 
overbalanced  by  set-offs  which  could  not  have  been  proved  in 
payment,  it  shall  be  considered,  for  the  purposes  of  the  preced- 
ing section,  as  having  exceeded  twenty  dollars,  and  the  party 
who  finally  recovers  judgment  in  the  suit  shall  be  entitled  to  his 
costs. 

Sect.  5.  Original  writs  issued  by  said  court,  for  civil  busi-  men  cmi  writ* 
ness  shall  be  served  not  less  than  seven,  and  not  more  than  sixty  $ 5.erve  ' 
days  before  the  day  on  which  they  are  returnable ; but  in  all 
cases  where  service  is  made  in  any  county  other  than  Suffolk, 
said  service  shall  be  made  at  least  fourteen  days  before  the  day 
on  which  they  are  returnable. 

Sect.  6.  The  clerk  of  said  court  for  civil  business  may,  sub-  cierk  for  cmi 

. „ . . business  may 

ject  to  the  approval  oi  the  justices  of  said  court,  or  a majority  apPoint  assist- 

of  them,  appoint  an  assistant  clerk,  who  shall  be  removable  at  $ 6 

his  pleasure,  and  for  whose  doings  he  shall  be  responsible,  and 

who  shall  be  qualified  and  give  bond  in  the  same  manner  as  is 

now  provided  by  law  for  the  assistant  clerks  appointed  by  the 

clerk  of  said  court  for  criminal  business.  He  shall  receive  an 

annual  salary  of  twelve  hundred  dollars,  to  be  paid  or  regained 

in  the  same  manner  as  is  now  provided  by  law  for  the  assistant- 

clerks  appointed  by  the  clerk  of  said  court  for  criminal  busi- 


ness. 


238 


ORDINANCES. 


Overseers  of 
poor  to  keep 
records. 

1867.  209,  $ 1. 


To  make  annual 
returns  to  sec- 
retary of  state 
charities. 

Ibid.  $ 2. 


Penalty  for  neg- 
lect. 

Ibid.  $ 3. 


PAUPERS. 


STATUTES. 

1.  Overseers  of  Poor  to  keep  rec- 
ords of  support,  etc. 

2.  To  make  returns  to  Secretary  of 
Boards  of  Charities. 

3.  Penalty  for  failure. 


. Secretary  to  prepare  abstract. 

. Repeal  of  former  provisions. 

!.  Funeral  charges  for  State  pau- 
pers. 

ORDINANCE. 

1.  Time  of  making  annual  report. 


STATUTE.* 1 

Section  1.  It  shall  be  the  duty  of  overseers  of  the  poor  in 
all  the  cities  and  towns  of  this  Commonwealth  to  keep  full  and 
accurate  records  of  the  paupers  fully  supported,  the  persons 
relieved  and  partially  supported,  the  travellers  and  vagrants 
lodged  at  the  expense  of  said  cities  and  towns,  together  with 
the  amount  paid  for  such  support  and  relief. 

Sect.  2.  Such  annual  returns  of  the  number,  sex,  place  of 
settlement,  place  and  cost  of  support,  sanity  and  temperance  of 
the  persons  supported  and  relieved  by  towns  and  cities,  and 
such  other  particulars  concerning  them  as  may  be  required  by 
the  board  of  state  charities,  shall  be  made  by  the  overseers  of 
the  poor  to  the  secretary  of  said  board  on  or  before  the  twen- 
tieth day  of  October  in  each  year,  and  shall  relate  to  the  year 
euding  on  the  thirtieth  day  of  September  preceding. 

Sect.  3.  If  the  overseers  of  any  town  or  city  shall  refuse 
or  neglect  to  comply  with  the  requirements  of  this  act,  said 
town  or  city  shall  forfeit  the  sum  of  one  dollar  for  each  day’s 
neglect,  and  the  amount  of  such  forfeiture  shall  be  deducted 
from  any  sum  to  which  said  town  or  city  may  be  entitled  in  re- 
imbursement for  relief  of  state  paupers  as  provided  in  chapters 
one  hundred  and  sixty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five,  and  two  hundred  and  thirty-four  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-six ; and  in  case  no 
such  re-imbursement  shall  be  due  to  said  town  or  city,  the  for- 


1 An  act  concerning  Records  and  Returns  from  the  Overseers  of  the 
Poor,  passed  May  4,  1867. 

1 An  act  concerning  the  Burial  of  State  Paupers,  passed  March  23,  1867. 


PAUPERS. 


239 


feiture  shall  be  deducted  from  any  money  which  may  be  due  1867-  209> § 

# 

such  town  or  city  from  the  state. 

Sect.  4.  It  shall  be  the  duty  of  the  secretary  of  the  board  secretary  to* 

make  abstract. 

of  state  charities  to  prepare  tables  from  the  returns  thus  made,  ibid.  $4* 
and  to  report  the  most  important  information  thus  obtained  to 
the  board,  who  shall  cause  the  same  to  be  printed  in  their 
annual  reports  for  the  use  of  the  legislature. 

Sect.  5.  Sections  six  and  seven  of  chapter  three  hundred  Repeal  of  former 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and  sixty-  $ 5. 
four,  and  all  other  acts  and  parts  of  acts  inconsistent  with  this 
act,  are  hereby  repealed. 

Sect.  6.  Section  fifteen  of  chapter  seventy  of  the  General  Costofburialof 

L * state  paupers. 

Statutes  is  hereby  amended,  so  that  ten  dollars  for  the  funeral  1867.  97,  $ i. 
expenses  of  each  pauper  over  twelve  years  of  age,  and  five 
dollars  for  the  funeral  expenses  of  each  pauper  under  that  age, 
shall  be  paid  from  the  treasury  of  the  Commonwealth. 

ORDINANCE.1 

Section  1.  The  seventh  section  of  the  ordinance  relating  to  Time  of  making 

. annual  report. 

the  overseers  ol  the  poor,  passed  on  the  fifteenth  day  of  June,  m nov.26,  1867. 
the  year  eighteen  hundred  and  sixty-four,  is  hereby  amended  by 
striking  out  the  word  “ February  ” in  the  first  line,  and  inser- 
ting in  the  place  thereof  the  word  l(  May  ” ; also  by  striking  out 
in  the  third  line  the  words  “ last  Monday  ”,  and  inserting  in  the 
place  thereof  the  words  a thirtieth  day  ” ; also  by  striking  out 
in  the  fourth  line  the  word  “ December  ” and  inserting,  in  place 
thereof  the  word  11  April.  ” 

1 An  ordinance  to  amend  an  ordinance  relating  to  the  overseers  of  the 
poor,  passed  Nov.  26,  1867. 

5 


240 


ORDINANCES. 


PETROLEUM. 


STATUTES. 

1.  Cities  to  appoint  inspectors. 

2.  Inspectors  to  be  sworn. 

3.  Proper  mixture  of  oils  deter- 
mined. 

4.  Oils  mixed  with  napbtba  de- 
fined. 

5.  Penalty  for  selling  napthha  as 
oil. 

6.  Violations  of  act  to  be  pros- 
ecuted. 

7.  Repeal  of  former  provision. 


RULES. 

1.  License  to  mix  or  store  required. 

2.  No  license  to  be  issued  for  oil  in 
a dwelling. 

3.  Oils  to  be  kept  in  metallic  ves- 
sels. 

4.  Oils  to  be  inspected. 

5.  Construction  of  buildings  where 
large  quantities  are  kept. 

6.  Form  of  license. 

7.  Rules  not  to  apply  in  certain 
cases. 


STATUTE.1 


inspectors  to  t>e  Section  1.  The  mayor  and  aldermen  of  any  city,  or  the 

appointed. 

1867.  286,  $ i.  selectmen  of  any  town,  where  oils  are  manufactured  from  coal 
or  petroleum,  and  the  mayor  and  aldermen  of  any  city  and  the 
selectmen  of  any  town  where  oils  are  sold  but  not  made,  and 
where  five  or  more  inhabitants  petition  for  the  same,  shall  appoint 
annually  one  or  more  suitable  persons,  not  interested  in  the  sale 
or  manufacture  of  said  oils,  as  inspectors  thereof,  and  fix  their 
compensation,  to  be  paid  by  the  parties  requiring  the  services  of 
said  inspectors,2 

To  be  sworn,  &c.  Sect.  2.  Every  inspector,  before  entering  upon  the  duties  of 

Ibid.  $ 2. 

his  office,  shall  be  duly  sworn ; and  when  called  upon  by  any 
manufacturer,  refiner,  vendor,  purchaser,  or  by  any  officer  men- 
tioned in  the  sixth  section  of  this  act,  to  test  such  oils,  shall  do  so 
with  all  reasonable  despatch,  by  applying  the  fire-test,  as  indica- 
ted and  determined  by  G-.  Tagliabue’s  pyrometer,  or  some  other 


1 An  act  regulating  the  sale  of  coal  and  petroleum  oils,  passed  May  29, 
1867. 

2 An  Inspector  of  Petroleum  and  coal  oils  has  been  duly  appointed  by  the 
Mayor  and  Aldermen,  and  the  fees  for  inspection  were  fixed  as  follows  : — 
“ For  every  inspection  of  a sample  of  oil,  or  for  a lot  of  ten  barrels  or  less, 
he  shall  be  paid  the  sum  of  fifty  cents ; for  every  lot  of  more  than  ten 
barrels  he  shall  be  paid  five  cents  for  each  barrel  inspected,  after  the 
barrel  has  been  placed  in  a proper  position  for  inspection,  and  the  bung 
removed.”  City  Records,  for  1867.  pp.  399,  414. 


PETROLEUM. 


241 


instrument  equally  accurate.  Any  inspector  guilty  of  fraud,  1867*  286>§2* 
deceit  or  culpable  negligence  in  inspecting  such  oils,  shall  be 
punished  by  fine  not  exceeding  one  hundred  dollars,  or  imprison- 
ment in  the  county  jail  or  house  of  correction  not  exceeding  one 
month,  or  both,  in  the  discretion-  of  the  court. 

Sect.  3.  No  person  shall  mix,  for  sale,  naphtha  and  illuminat-  Naphtha  not  to 

be  mixed  with 

ing  oils,  or  shall  sell  or  offer  for  sale  such  mixture,  or  shall  sell  oils, 
or  offer  for  sale,  except  for  purposes  of  re-manufacture,  illumina- Ibld’ $ 3‘ 
ting  oils  made  from  coal  or  petroleum,  which  will  ignite  at  a 
temperature  of  less  than  one  hundred  and  ten  degrees  Fahren- 
heit, to  be  ascertained  by  the  application  of  Tagliabne’s  or  some 
other  approved  instrument ; and  auy  person  so  doing,  shall  be 
held  to  be  guilty  of  a misdemeanor,  and  shall  for  each  offence, 
upon  conviction  thereof,  be  liable  to  the  same  penalties  provided 
in  the  second  section  of  this  act  against  inspectors ; and  shall 
also  be  liable  therefor  to  any  person  suffering  damage  from  the 
explosion  or  ignition  of  such  oil  thus  unlawfully  sold : and  such 
oil  thus  unlawfully  sold,  or  kept  or  offered  for  sale,  and  the  casks 
or  packages  containing  the  same,  shall  be  forfeited  and  sold  for 
the  purposes  of  re-manufacture ; one-half  of  the  proceeds  of  such 
sale  to  go  to  the  Commonwealth,  and  the  other  half  to  th 6 in- 
former. 

Sect.  4.  For  all  the  purposes  of  this  act,  all  illuminating  oils,  oils  mixed  with 
made  from  coal  or  petroleum,  having  an  igniting  point  of  less  ibid.  §4- 
than  one  hundred  and  ten  degrees  Fahrenheit,  to  be  determined 
in  the  manner  provided  in  the  third  section  of  this  act,  shall  be 
deemed  to  be  mixed  with  naphtha. 

Sect.  5.  Any  person  who  shall  sell,  or  keep  or  offer  for  sale  Naphtha  not  be 
naphtha,  under  the  name  of  oil,  shall,  for  each  offence,  upon  con-  ibid.  $ 5. 
viction  thereof,  be  liable  to  the  same  penalties  provided,  and 
shall  be  subject  to  the  same  liabilities  set  forth  in  the  second  and 
third  sections  of  this  act. 

Sect.  6.  The  selectmen  of  the  towns,  and  the  mayors,  alder-  violations  of  act 

. to  be  prose- 
men and  police  of  the  cities  in  which  inspectors  are  appointed  cuted. 

in  conformity  with  the  first  section  of  this  act,  or  any  one  0fIbld,$6, 


242 


ORDINANCES. 


1867,  286,  $ 6. 


Repeal  of  former 
act. 

Ibid.  $ 7. 


Rules  and  regu- 
lations. 

Oct.  8, 1867. 


said  officers,  within  their  respective  towns  and  cities,  and  the 
members  of  the  state  police,  or  any  of  them,  shall  cause  all 
persons  violating  any  of  the  provisions  of  this  act  to  be  pros- 
ecuted therefor. 

Sect.  7.  Chapter  two  hundred  and  sixty-two  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-six  is  hereby  repealed. 

RULES  FOR  KEEPING,  ETC.1 

1.  Any  person  desiring  to  manufacture,  refine,  mix,  store  or 
keep  crude  petroleum,  or  any  oil  or  fluid,  composed  wholly  or  in 
part  of  the  products  of  petroleum,  in  a greater  quantity  than 
five  hundred  gallons  in  any  one  locality  in  the  city  of  Boston, 
shall  make  application  in  writing  for  a license  therefor  to  the 
Board  of  Aldermen  of  said  city,  and  shall  state,  in  such  appli- 
cation, the  locality,  building,  or  part  of  a building  for  which  he 
desires  a license,  and  whether  he  desires  a license  for  manufac- 
turing, refining  and  mixing  said  articles  or  any  of  them,  or  a 
license  for  storing  and  keeping  them,  or  both.  Such  application 
shall  be  referred  to  the  Board  of  Engineers  of  the  Fire  Depart- 
ment; and  the  Chief  Engineer  or  some  one  of  the  Assistant 
Engineers  shall,  within  one  week  from  the  time  of  such  refer- 
ence, examine  the  locality  or  building  described  in  such  applica- 
tion, and  report  in  writing  to  the  Board  of  Aldermen  his  opinion 
of  the  propriety  of  granting  the  license  applied  for. 

2.  No  license  shall  be  granted  for  manufacturing,  refining, 
mixing,  storing  or  keeping  said  articles,  or  any  of  them,  upon 
any  alley,  sidewalk,  street  or  wharf  within  the  limits  of  the  city, 
nor  in  any  part  of  a building  occupied  in  whole  or  in  part  as  a 
dwelling-house,  nor  upon  any  floor  of  a building  above  the  first 
floor. 

3.  No  license  shall  be  granted  for  mixing,  storing  or  keeping 
crude  petroleum,  naphtha  or  gasoline  in  any  part  of  a building 
above  the  cellar,  unless  said  articles  are  contained  in  metallic 
vessels  securely  closed. 

1 Rules  and  regulations  in  relation  to  the  manufacture,  mixture,  storage 
and  sale  of  Petroleum  and  its  products,  passed  by  the  City  Council,  Octo- 
ber 8,  1867. 


PETROLEUM. 


243 


4.  . No  license  shall  be  granted  for  storing  or  keeping  any  0ct- 8> 1867 
oils  or  burning  fluids  manufactured  from  coal  or  petroleum, 

which  have  not  been  inspected  by  the  officer  appointed  for  that 
purpose  by  the  Mayor  and  Aldermen. 

5.  Except  as  hereinbefore  expressly  provided,  licenses  may 
be  granted  for  manufacturing,  refining,  mixing,  storing  and 
keeping  said  articles,  or  any  of  them,  in  cellars,  or  upon  the 
first  floor  of  buildings,  or  in  other  suitable  localities,  in  such 
quantities  over  five  hundred  gallons,  and  in  such  a manner  as 
the  board  of  alderman  may  in  each  case  determine,  except  that 
no  license  shall  be  granted  for  manufacturing,  refining,  mixing, 
storing  or  keeping  said  articles,  or  any  of  them,  upon  the  first 
floor  of  any  building,  in  a greater  quantity  than  five  hundred 
gallons,  unless  the  same  be  contained  in  metallic  vessels  secure- 
ly closed,  or  the  foundations  and  walls  of  said  building  be  of 
brick,  stone  or  iron,  and  the  sills  or  walls  of  said  building  be 
built  without  apertures  for  a space  of  at  least  one  foot  above 
the  floor. 

6.  There  shall  be  expressed  in  said  license  the  name  of  the 
person  or  persons  to  whom  the  license  is  granted,  and  whether 
he  or  they  are  permitted  to  manufacture,  refine  and  mix  said 
articles,  or  any  of  them,  or  to  store  and  keep  them,  or  both,  and 
a description  of  the  locality,  building,  or  part  of  a building 
licensed,  and  any  limitations  upon  the  quantity  of  said  articles 
or  any  of  them,  which  may  be  manufactured,  refined,  mixed, 
stored  or  kept  therein,  or  upon  the  manner  of  manufacturing, 
refining,  mixing,  storing  or  keeping  the  same  which  the  board 
of  aldermen  may  in  each  case  see  fit  to  impose ; and  any  person 
so  licensed  may  manufacture,  refine,  mix,  store  or  keep  said 
articles,  or  any  of  them,  within  the  terms  of  his  license  either 
on  his  own  account  or  on  account  of  any  other  person.  Any 
violation  of  the  terms  of  said  license  shall  work  a revocation  of 
the  same,  and  the  board  of  aldermen  may  revoke  any  license, 
without  cause,  at  any  time. 

7.  These  rules  and  regulations  shall  not  apply  to  buildings 
or  premises  constructed  in  accordance  with  the  provisions  of 


244 


ORDINANCES. 


Mayor  and  al- 
dermen may  ap- 
point police. 
1867,  279,  $ 1. 


Roxbury  an- 
nexed to  Bos- 
ton, and  made 
part  of  Suffolk 
county. 

1867.  359,  $ 1. 


the  first  section  of  an  act  of  the  legislature  of  Massachusetts 
entitled  u An  Act  concerning  the  manufacture,  storage  and  sale 
of  Petroleum  and  its  products,”  approved  May  29,  1866. 


POLICE. 

STATUTE.1 

1.  Mayor  and  aldermen  may  appoint  Police  officers. 

Section  1.  The  mayor  and  aldermen  of  the  several  cities 
may  at  any  time  appoint  police  officers,  with  all  or  anj  of  the 
powers  of  constables,  except  the  power  of  serving  and  executing 
civil  processes,  who  shall  hold  their  offices  during  the  pleasure 
of  the  mayor  and  aldermen. 


ROXBURY. 


STATUTES. 

1.  Roxbury  annexed  to  Boston  and 
made  part  of  Suffolk  County. 

2.  Its  public  property  to  vest  in 
Boston. 

3.  Jurisdiction  of  courts  in  Nor- 
folk and  Suffolk  counties. 

4.  Police  court  to  be  southern  mu- 
nicipal court. 

5.  City  council  of  Boston  to  create 
three  wards  in  Roxbury.  Elec- 
tion of  city  officers. 

6.  Repeal  of  former  election  law 
for  city  of  Roxbury. 


7.  Number  of  wards  and  of  aider- 
men  in  Boston. 

8.  Police  and  watchmen  to  con- 
tinue in  office.. 

9.  County  property  to  be  released. 

10.  Act  to  be  accepted  by  voters 
of  both  cities.  Manner  of  con- 
ducting the  election. 

11.  Act  to  be  submitted. 

12.  When  to  be  in  force. 

13.  Provision  for  further  action  if 
act  be  unconstitutional. 


STATUTE.2 


Section  1.  All  that  territory  now  comprised  within  the 
limits  of  the  city  of  Roxbury,  in  .the  county  of  Norfolk,  with  the 
inhabitants  and  estates  therein,  is  hereby  annexed  to  and  made 
part  of  the  city  of  Boston,  in  the  county  of  Suffolk,  and  shall 


1 An  act  concerning  the  appointment  of  Police  officers  in  cities,  passed 
May  27,  1867. 

2 An  act  to  unite  the  cities  of  Boston  and  Roxbury,  passed  June  1,  1867. 


ROXBURY. 


24 


hereafter  constitute  a part  of  the  county  of  Suffolk,  subject  to  1867*  359>§1- 
the  same  municipal  regulations,  obligations  and  liabilities,  and 
entitled  to  the  same  immunities  in  all  respects,  as  the  said  city 
of  Boston : 'provided , however , that  until  constitutionally  and 
legally  changed,  said  territory  shall  continue  to  be,  for  the  pur- 
pose of  electing  members  of  the  house  of  representatives,  part 
of  the  county  of  Norfolk,  constituting  the  third  and  fourth  re- 
presentative districts  thereof;  for  the  purpose  of  electing  a 
senator,  part  of  the  first  Norfolk  senatorial  district;  for  the  pur- 
pose of  electing  a councillor,  part  of  council  district  number 
three,  and  for  the  purpose  of  electing  a representative  in  con- 
gress, part  of  congressional  district  number  three,  as  the  same 
are  now  constituted. 

All  the  duties  now  required  by  law  to  be  performed  by  the  Duties  pertain- 
mayor  and  aldermen  and  city  clerk  of  the  city  of  Roxbury,  or  transferred!  ^ 
either  of  them,  pertaining  to  the  election  of  representatives  in 
congress,  state  councillors,  senators  and  members  of  the  house 
of  representatives,  shall  in  like  manner  devolve  upon,  and  be 
performed  by  the  board  of  aldermen  and  city  clerk  of  the  city 
of  Boston. 

It  shall  be  the  duty  of  the  ward  officers  of  the  several  wards, 
that  shall  be  erected  out  of  said  territory  as  hereinafter  pro- 
vided, to  make  return  of  all  votes  that  may  be  cast  therein,  from 
time  to  time,  for  representatives  in  congress,  state  councillors, 
senators,  members  of  the  house  of  representatives,  and  for  all 
other  national,  State,  district,  county,  municipal  and  ward  officers, 
to  the  city  clerk  of  the  city  of  Boston. 

Sect.  2.  All  the  public  property  of  the  said  city  of  Roxbury  Public  Pr°Pert7 
shall  be  vested  in,  and  is  hereby  declared  to  be  the  property  of  ton. 
the  city  of  Boston;  and  said  city  of  Boston  shall  succeed  to  all 1 ld  $ w‘ 
the  rights,  claims,  causes  of  action,  rights  to  uncollected  taxes, 
liens,  uses,  trusts,  duties,  privileges  and  immunities  of  said  city 
of  Roxbury.  The  city  treasurer  of  the  city  of  Roxbury  shall,  Treasurer  to  de. 
on  or  before  the  second  Monday  of  January,  in  the  year  eighteen  Inrp^ers.0^" 
hundred  and  sixty-eight,  under  the  direction  of  the  mayor  and 


246 


ORDINANCES. 


1867,  359,  § 2. 


Boston  to  as- 
sume liabilities. 


Jurisdiction  of 
courts  provided 
for. 

Ibid.  $ 3. 


aldermen  of  said  city  of  Roxbury,  who  shall,  for  this  pur- 
pose, and  for  all  other  purposes  necessary  to  carry  into  full  effect 
the  provisions  of  this  act,  continue  to  hold  their  offices  over, 
transfer,  deliver,  pay  over  and  account  for  to  the  city  treasurer 
of  the  city  of  Boston,  all  books,  papers,  moneys  and  other  pro- 
perty in  his  possession  as  city  treasurer  of  said  city  of  Roxbury, 
when  this  act  shall  take  effect;  and  the  city  of  Boston  shall 
become  liable  for  and  subject  to  all  the  debts,  obligations,  duties, 
responsibilities  and  liabilities  of  said  city  of  Roxbury.  All 
actions  and  causes  of  action  which  may  be  pending,  or  which 
shall  have  accrued  at  the  time  this  act  shall  take  effect,  in  behalf 
of  or  against  the  city  of  Roxbury,  shall  survive  and  may  be 
prosecuted  to  final  judgment  and  execution,  in  behalf  of  or 
against  the  city  of  Boston. 

Sect.  3.  The  several  courts  within  the  county  of  Suffolk,  af  • 
ter  this  act  shall  take  effect,  shall  have  the  same  jurisdiction 
over  all  causes  of  action  and  proceedings  in  civil  causes,  and 
over  all  matters  in  probate  and  insolvency,  which  shall  have  ac- 
crued within  said  territory  hereby  annexed,  that  said  courts  now 
have  over  like  actions,  proceedings  and  matters  within  the  coun- 
ty of  Suffolk : 'provided , however , that  the  several  courts  within 
the  county  of  Norfolk  shall  have  and  retain  jurisdiction  of  all 
actions,  proceedings  and  matters  that  shall  have  been  rightfully 
commenced  in  said  courts  prior  to  the  time  when  this  act  shall 
take  effect,  and  the  supreme  judicial  court  and  the  superior  court 
within  the  county  of  Suffolk,  after  this  act  shall  take  effect,  shall 
have  the  same  jurisdiction  of  all  crimes,  offences  and  misdemean- 
ors, that  shall  have  been  committed  within  the  said  territory, 
that  the  supreme  judicial  court  and  superior  court  within  the 
county  of  Norfolk  now  have  jurisdiction  of:  provided , proceed- 
ings shall  not  have  been  already  commenced  in  any  of  the  courts 
within  the  county  of  Norfolk,  for  the  prosecution  of  said  crimes, 
offences  and  misdemeanors : in  which  case,  the  said  courts  within 
the  county  of  Norfolk  shall  have  and  retain  jurisdiction  of  the 
same  for  the  full,  complete  and  final  disposition  thereof.  All 


ROXBURY. 


247 


suits,  actions,  proceedings,  complaints  and  prosecutions;  and  all  1867,  359,5  3- 
matters  of  probate  and  insolvency  which  shall  be  pending 
within  said  territory,  before  any  court  or  justice  of  the  peace, 
when  this  act  shall  take  effect,  shall  be  heard  and  determined  as 
though  this  act  had  not  passed. 

Sect.  4.  Said  territory  shall  continue  a judicial  district  south  municipal 
under  the  jurisdiction  of  the  police  court  of  the  city  of  Roxbury,  4t 
which  shall  continue  to  exist,  and  shall  hereafter  be  designated 
and  known  by  the  name  of  the  municipal  court  for  the  south- 
ern district  of  the  city  of  Boston.  Said  court  shall  have  the 
same  civil  and  criminal  jurisdiction  in  said  district,  and  the  same 
civil  jurisdiction  in  the  county  of  Suffolk  as  the  police  courts, 
other  than  that  of  the  city  of  Boston,  have  by  law  in  their  re- 
spective districts  and  counties. 

Appeals  shall  be  allowed  from  all  judgments  of  said  court,  Appeals, 
in  like  manner,  and  to  the  same  courts  that  appeals  are  now 
allowed  from  the  judgments  of  the  municipal  court  of  the  city  of 
Boston.  All  acts  and  duties,  (if  any,)  now  incumbent  upon  the 
city  council  of  the  city  of  Roxbury,  or  either  branch  thereof, 
relating  to  the  said  court^of  the  city  of  Roxbury,  shall  hereafter 
devolve  upon  and  be  performed  by  the  city  council  of  the  city 
of  Boston.  All  fines  and  forfeitures,  and  all  costs  in  criminal 
prosecutions  in  said  court,  and  all  fees  and  charges  received  in 
said  court  in  civil  proceedings,  shall  be  accounted  for  and  paid 
over,  in  the  same  manner  as  is  now  provided  for  the  municipal 
court  within  the  city  of  Boston. 

Sect.  5.  The  city  council  of  the  city  of  Boston  shall,  as  soon  Territory  to  be 

divided  into 

as  may  be  after  the  fifth  day  of  November  in  the  year  eighteen  wards.  * 

hundred  and  sixty-seven,  divide  the  said  territory  into  three Ibld’ $ 5‘ 
wards,  one  of  which  shall  comprise  the  same  territory  now  com- 
prised in  said  fourth  representative  district,  and  the  other  two 
shall  be  so  constituted  as  to  contain,  as  nearly  as  practicable,  an 
equal  number  of  legal  voters ; and  the  wards  thus  established 
shall  so  remain  until  the  alteration  of  the  ward  limits  of  said  city 


6 


248 


ORDINANCES. 


1867.  359,  §5.  0f  Boston  provided  by  law.1  And  the  clerks  of  the  said  wards 
shall,  for  the  purposes  mentioned  in  section  eleven  of  the  eighth 
chapter  of  the  General  Statutes  of  this  Commonwealth,  assemble 
at  such  places  as  are  or  shall  be  required  by  law.  And  the 
Election  of  city  board  of  aldermen  are  hereby  authorized  to  designate  such 
• places,  - whenever  such  designation  shall  by  law  become  neces- 
sary or  proper,  and  said  board  shall  succeed  to  all  the  powers 
and  duties  in  reference  to  the  same  which  are  now  vested  in  the 
county  commissioners  of  the  county  of  Norfolk.  And  each  of 
the  wards  so  established  shall  be  entitled  to  all  the  municipal 
and  ward  officers  which  each  of  the  other  wards  of  said  city  of 
Boston  is  entitled  to.  And  the  board  of  aldermen  of  said  city 
of  Boston  shall,  in  due  season,  issue  their  warrants  for  meet- 
ings of  the  legal  voters  of  said  wards  respectively,  to  be  held  on 
the  second  Monday  of  December  in  the  year  eighteen  hundred 
and  sixty-seven,  at  some  place  within  said  wards  respectively, 
which  shall  be  designated  in  said  warrants,  there  first  to  choose 
a warden,  clerk,  and  five  inspectors  of  elections  for  each  of  said 
wards,  who  shall  hold  their  offices  until  the  first  Monday  of 
January  in  the  year  eighteen  hundred  and  sixty-eight,  and  until 
others  shall  be  chosen  and  qualified  in  their'  stead;  second,  to 
give  in  their  ballots  for  the  several  municipal  and  ward  officers 
for  the  year  eighteen  hundred  and  sixty-eight,  for  which  they 
shall  be  entitled  to  vote  by  virtue  of  the  provisions  of  this  act. 
school  commit-  The  voters  of  each  of  said  wards  shall  designate,  by  their 

tee,  terms  of  ser- 
vice. ballots  cast  at  said  meetings,  the  term  of  service  for  which  each 

of  the  six  school  committee  men,  who  shall  be  chosen  in  each 

of  said  wards,  shall  serve,  so  that  two  of  the  number  chosen  in 

each  ward  shall  serve  for  three  years,  two  for  two  years,  and 

Lists  of  voters.  two  for  one  year.  The  board  of  aldermen  for  the  city  of 

Boston  shall  prepare  lists  of  all  the  legal  voters  in  said  wards 

respectively,  to  be  used  at  said  meetings,  and  shall  do  all  other 

things  which  they  are  now  by  law  required  to  do  in  respect  to 

like  elections  in  other  wards  in  the  city  of  Boston ; and  at  said 

1 For  boundaries  of  these  wards,  see  Wards,  post. 


ROXBURY. 


249 


meetings,  any  legal  voter  of  said  wards  respectively  may  call  1867-  359)  5 5- 
the  citizens  to  order,  and  preside  until  a warden  shall  have  been 
chosen  and  qualified. 

All  ward  officers  whose  election  is  provided  for  in  this  section 
shall  be  qualified  according  to  law.  The  citizens  of  the  terri- 
tory, by  this  act  annexed  to  the  city  of  Boston,  shall  have  the 
same  right  to  vote  for  municipal  officers,  at  the  annual  municipal 
election  of  the  city  of  Boston,  in  the  year  eighteen  hundred  and 
sixty-seven,  as  they  would  have  had  if  said  territory  had  formed 
part  of  the  city  of  Boston  for  more  than  six  months  next  before 
said  election. 

Sect.  6.  All  provisions  of  law  requiring  an  election  of  Repeal  of  eiec 

tion  law  for 

municipal  and  ward  officers  for  said  city  of  Roxbury  on  the  Roxbury. 
second  Monday  of  December  in  the  year  eighteen  hundred  and  Ibld' 5 6' 
sixty-seven,  for  the  municipal  year  then  next  ensuing,  are  hereby 
repealed. 

Sect.  7.  After  the  present  municipal  year,  the  board  ofNumber  of  al* 

dermen  and 

aldermen  of  the  city  of  Boston  shall  consist  of  twelve  members,  council, 
and  the  common  council  of  the  city  of  Boston  shall  consist  of Ibld' 5 7’ 
sixty  members.  The  number  of  wards  of  said  city,  including 
the  wards  to  be  formed  out  of  the  territory  hereby  annexed, 
shall  be  fifteen. 

Sect.  8.  The  several  police  officers  and  watchmen  that  may  Police  and 
be  in  office  in  the  city  of  Roxbury  when  this  act  shall  take  Znne  in  office/ 
effect  shall  thereafter  continue  in  the  discharge  of  their  respec-  Ibld# $ 8* 
tive  duties,  in  the  same  manner  as  if  they  were  police  officers 
and  watchmen  of  the  city  of  Boston,  until  others  shall  be 
appointed  in  their  stead. 

Sect.  9.  All  the  interest  which  the  city  of  Roxbury  now  has  county  property 
in  the  public  property  of  the  county  of  Norfolk,  is  hereby  re- ibid.  $ 9. 
leased  and  acquitted  to  said  county  of  Norfolk.  Such  propor- 
tion of  the  debts  and  obligations  of  the  county  of  Norfolk 
existing  when  this  act  shall  take  full  effect,  over  and  above  the 
value  of  all  the  property  belonging  to  said  county  as  should 
proportionally  and  equitably  be  paid  by  the  inhabitants  and 


250 


ORDINANCES. 


1867.  359,  § 9.  property  owners  of  the  territory  by  this  act  annexed  to  the  city 
of  Boston,  shall  be  paid  by  said  city  of  Boston  to  said  county 
of  Norfolk;  and  the  supreme  judicial  court  shall  have  jurisdic- 
tion in  equity  to  determine  the  amount  of  such  proportion,  (if 
any,)  and  enforce  the  payment  of  the  same  upon  a suit  in  equity 
in  the  name  of  said  county,  to  be  brought  therefor  within  six 
months  after  this  act  shall  go  into  full  operation,  by  the  county 
commissioners  of  said  county  of  Norfolk,  if  they  shall  deem 
such  suit  for  the  interest  of  said  county  .;  but  no  such  suit  shall 
be  instituted  after  said  six  months. 

Nothing  contained  in  this  act  shall  impair  the  obligation  of 
contracts ; and  the  property  and  inhabitants  of  the  territory  by 
this  act  annexed  to  the  city  of  Boston  shall  continue  liable  to 
the  existing  creditors  of  the  county  of  Norfolk,  in  like  manner 
as  if  this  act  had  not  been  passed : provided,  that  if  any  person, 
by  reason  of  his  being  an  inhabitant  of,  or  owning  property  in 
said  territory,  shall  be  compelled  to  pay  any  part  of  an  existing 
debt  or  obligation  of  the  county  of  Norfolk,  the  amount  of  such 
payment  shall  constitute  a debt  to  him  from  said  county  as  here- 
after to  be  constituted,  exclusive  of  said  territory,  and  may  be 
recovered  in  like  manner  as  other  debts  against  the  county 
of  Norfolk. 

Act  to  be  ac-  Sect.  10.  This  act  shall  not  take  full  effect,  unless  accepted 

cepted  by  legal 

voters  of  both  by  a majority  of  the  legal  voters  of  each  of  said  cities,  present 

ibid*  $ 10.  and  voting  thereon  by  ballot,  at  meetings  which  shall  be  held  in 
the  several  wards  of  said  cities,  respectively,  upon  notice  duly 
given,  at  least  seven  days  before  the  time  of  said  meeting. 
Meetings  for  that  purpose  shall  be  held  simultaneously  in  said 
cities  on  the  second  Monday  of  September  next.  And  the  polls 
shall  be  opened  at  nine  o’clock  in  the  forenoon  of  said  day,  and 
shall  be  closed  at  six  o’clock  in  the  afternooa. 

Tn  case  of  the  absence  of  any  ward  officer,  at  any  ward  meet- 
ing, held  in  either  city  for  the  purpose  aforesaid,  a like  officer  may 
be  chosen  pro  tempore , by  hand  vote,  and  shall  be  duly  qualified, 
and  shall  have  all  the  powers,  and  be  subject  to  all  the  duties  of 


ROXBURY. 


251 


the  regular  officer,  at  said  meetings.  Said  ballots  shall  be  1867-  359» § 10, 
“ Yes  ” or  u No  ” in  answer  to  the  question,  “ Shall  an  act 
passed  by  the  legislature  of  the  Commonwealth  in  the  year  eigh- 
teen hundred  and  sixty-seven,  entitled  1 an  act  to  unite  the  cities 
of  Boston  and  Roxbury  ’ be  accepted  ? ” Such  meeting  shall  be 
called,  notified  and  warned  by  the  mayor  and  aldermen  of  the 
city  of  Roxbury,  and  the  board  of  aldermen  of  the  city  of  Bos- 
ton, respectively,  in  the  same  manner  in  which  meetings  for  the 
election  of  municipal  officers  in  said  cities  respectively  are 
called,  notified  and  warned.  The  ballots  given  in  shall  be  assor- 
ted, counted  and  declared,  in  the  wards  in  which  they  are  given 
in  open  ward  meeting,  and  shall  also  be  registered  in  the  ward 
records.  The  clerk  of  each  ward  in  the  city  of  Boston  shall 
make  return  of  all  ballots  given  in,  in  his  ward,  and  the  number 
of  ballots  in  favor  of  the  acceptance  of  this  act,  and  the  number 
of  ballots  against  said  acceptance,  to  the  board  of  aldermen  of 
the  city  of  Boston,  and  like  returns  by  the  clerks  of  the  several 
wards  in  the  city  of  Roxbury  shall  be  made  to  the  mayor  and 
aldermen  of  the  city  of  Roxbury.  All  of  said  returns  shall  be 
made  within  forty-eight  hours  of  the  close  of  the  polls. 

It  shall  be  the  duty  of  the  board  of  aldermen  of  the  city  of  Returns  to  be 

_ . transmitted  to 

Boston,  and  of  the  mayor  and  aldermen  of  the  city  of  Roxbury,  secretary, 
respectively,  to  certify,  and  return  as  soon  as  may  be,  the  ballots 
cast  in  their  respective  cities,  and  the  number  of  ballots  in  favor 
of  the  acceptance  of  this  act,  and  the  number  of  ballots  against 
said  acceptance,  in  their  respective  cities,  to  the  secretary  of  the 
Commonwealth.  And  if  it  shall  appear  that  a majority  of  the 
votes  in  each  of  said  cities  is  in  favor  of  the  acceptance  of  this 
act,  the  said  secretary  shall  immediately  issue  and  publish  his 
certificate  declaring  this  act  to  have  been  duly  accepted. 

Sect.  11.  So  much  of  this  act  as  authorizes  and  directs  the  Submission  of 
submission  of  the  question  of  acceptance  of  this  act  to  the  legal  $ n. 
voters  of  said  cities,  respectively,  provided  for  in  the  tenth  sec- 
tion of  this  act,  shall  take  effect  upon  its  passage. 

Sect.  12.  If  this  act  shall  be  accepted  as  herein  provided,  it  men  t0  be  ^ 
shall  take  effect  on  the  fifth  day  of  November,  in  the  year  12 


252 


ORDINANCES. 


1867.  359,  § i2.  eighteen  hundred  and  sixty-seven,  so  far  as  to  authorize,  legalize 
and  carry  into  effect  the  acts  and  provisions  of  the  fifth,  sixth 
and  seventh  sections  of  this  act;  but  for  all  other  purposes 
(except  as  mentioned  in  section  eleven  of  this  act)  it  shall  take 
effect  on  the  first  Monday  of  January,  in  the  year  eighteen 
hundred  and  sixty-eight.1 

Provision  for  Sect.  13.  If  any  election  or  balloting  upon  the  question  of 

further  action  if  i 

act  be  unconsti-  the  acceptance  Of  this  act,  by  either  of  said  cities,  shall  within 

ibid.Tis.  two  months  thereafter  be  declared  void  by  the  supreme  judicial 
court,  upon  summary  proceedings,  which  may  be  had  in  any 
county  on  the  petition  of  fifty  voters  of  either  city,  the  question 
of  accepting  said  act  shall  be  again  submitted  to  the  legal  voters 
of  said  city,  and  meetings  therefor  shall  within  thirty  days 
thereafter  be  called,  held  and  conducted,  and  the  votes  returned 
and  other  proceedings  had  thereon,  in  like  manner  as  herein- 
before provided.  But  no  election  or  balloting  shall  be  held  void 
for  informality,  in  calling,  holding*  or  conducting  the  election,  or 
returning  the  votes,  or  otherwise,  except  upon  proceedings 
instituted  therefor  and  determined  within  sixty  days  thereafter, 
as  aforesaid. 


SCHOOLS. 


STATUTE. 

1.  Child  under  ten  years  not  to  be 
employed  in  factories,  nor  any 
under  fifteen  years,  unless  it 
attends  school. 


2.  Limits  to  work  of  children. 

3.  Penalty  for  violation  of  law. 

4.  State  constable  to  enforce  act. 

5.  Repeal  of  former  provision. 


STATUTE.2 


child  under  ten  Section  1.  No  child  under  the  age  of  ten  years  shall  be 

not  to  be  em*  . . . - 

ployed  in  facto-  employed  in  any  manufacturing  or  mechanical  establishment 
1867.  285  $ i.  within  this  Commonwealth,  and  no  child  between  the  age  of  ten 

1 This  act  was  accepted  by  the  citizens  of  Boston.  Yeas,  4,633;  Nays, 
1,059:  and  by  the  citizens  of  Roxbury.  # Yeas,  1,832;  Nays,  592. 

2 An  act  in  relation  to  the  schooling  and  hours  of  labor  of  children  em- 
ployed in  manufacturing  and  mechanical  establishments,  passed  May  29, 
1867. 


SCHOOLS. 


253 


and  fifteen  years  shall  be  so  employed,  unless  he  has  attended  1867-  285> § L 
some  public  or  private  day  school  under  teachers  approved  by 
the  school  committee  of  the  place  in  which  such  school  is  kept, 
at  least  three  months  during  the  year  next  preceding  such 
employment : provided,  said  child  shall  have  lived  within  the 
Commonwealth  during  the  preceding  six  months ; nor  shall  such  None  under  fif- 
employment  continue  unless  such  child  shall  attend  school  at  theyTttend 
least  three  months  in  each  and  every  year ; and  provided,  that schooL 
tuition  of  three  hours  per  day  in  a public  or  private  day  school 
approved  by  the  school  committee  of  the  place  in  which  such 
school  is  kept,  during  a term  of  six  months,  shall  be-  deemed 
the  equivalent  of  three  months’  attendance  at  a school  kept  in 
accordance  with  the  customary  hours  of  tuition ; and  no  time 
less  than  sixty  days  of  actual  schooling  shall  be  accounted  as 
three  months,  and  no  time  less  than  one  hundred  and  twenty 
half  days  of  actual  schooling  shall  be  deemed  an  equivalent  of 
three  months. 

Sect.  2.  No  child  under  the  age  of  fifteen  years  shall  be  Limit  t0  work. 

& Ibid.  $ 2. 

employed  in  any  manufacturing  or  mechanical  establishment 
more  than  sixty  hours  in  one  week. 

Sect.  3.  Any  o wner,  agent,  superintendent  or  overseer  of  penalty  for  vio- 
any  manufacturing  or  mechanical  establishment,  who  shall  know-  law' 
ingly  employ  or  permit  to  be  employed'  any  child  in  violation  of 
the  preceding  sections,  and  any  parent  or  guardian  who  allows 
or  consents  to  such  employment,  shall,  for  such  offence,  forfeit 
the  sum  of  fifty  dollars. 

Sect.  4.  It  shall  be  the  duty  of  the  constable  of  the  Com-  constable  to  en- 
monwealth  to  specially  detail  one  of  his  deputies  to  see  that  the  Yid!  m 
provisions  of  this  act,  and  all  other  laws  regulating  the  employ-  * 
ment  of  children  or  minors  in  manufacturing  or  mechanical 
establishments,  are  complied  with,  and  to  prosecute  offences 
against  the  same ; and  he  shall  report  annually  to  the  governor 
all  proceedings  under  this  act;  and  nothing  in  this  section  shall 
be  so  construed  as  to  prohibit  any  person  from  prosecuting  such 
offences. 


254 


ORDINANCES. 


proP^sio0nff°rmer  Sect.  5.  Chapter  two  hnudred  and  seventy-three  of  the  acts 
1867.  285,  § 5.  of  the  year  eighteen  hundred  and  sixty-six  is  hereby  repealed : 
provided,  this  act  shall  not  affect  any  proceedings  now  pending. 


STATE  AID. 

STATUTE.  5. 

1.  Person  entitled  to  aid  under 
Stat.  1866,  to  have  receipt  of 
pension. 

2.  Who  are  entitled  to  aid.  Pro-  8* 
visos. 

3.  Reports  to  be  made  quarterly  to 
auditor. 

4.  Commissioners  to  inspect  re- 
turns. May  reduce  claims. 

STATUTE.1 

Person  entitled  Section  1.  No  person  shall  be  entitled  to  receive  State  aid 

to  aid  under  . . . 

statute  1866,  to  under  the  provisions  of  section  one  of  chapter  one  hundred  and 
pension!Ceipt  °f  seventy-two  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
1867.  136,  $ i.  except  upon  satisfactory  proof  that  the  person  so  applying 
for  aid  is  in  the  receipt  of  a pension  from  the  United  States; 
and  the  full  amount  of  said  aid  shall  only  be  paid  to  person^  in 
the  receipt  of  a pension-  equal  to  the  full  pension  which  is 
allowed  to  a person  of  the  same  rank  or  grade,  and  to  every 
other  person  so  applying  for  aid,  a proportionate  part  of  said 
aid  shall  be  paid,  to  be  determined  by  the  proportion  which  the 
pension  received  by  him  bears  to  the  full  pension  which  is 
Provisos.  allowed  to  a person  of  the  same  rank  or  grade : provided,  how - 

* ever,  that  any  person  obtaining  a pension  from  the  United  States, 

after  this  act  shall  take  effect,  shall,  upon  application,  be  entitled 
to  receive  the  same  amount  of  aid  that  he  would  have  been 
entitled  to  receive,  had  said  pension  been  obtained  prior  to  the 
time  when  this  act  shall  take  effect;  and  provided, further,  that 

1 An  act  concerning  State  aid  for  disabled  soldiers  and  sailors  and  their 
families,  and  for  the  families  of  the  slain,  passed  April  11,  1867. 


May  appoint  examiners. 

Cities  may  pay  sums  to , wife 
and  family. 

When  no  appeal  will  lie. 
Amendments  to  certain  sec- 
tions. 

Repeal  of  certain  sections. 
When  act  to  take  effect. 


STATE  AID. 


255 


town  and  city  authorities  shall  withhold  the  aid  when,  in  their  1867,  136> §1- 
judgment,  any  person  who  is  in  receipt  of  a pension  from  the 
United  States  is  not  sufficiently  disabled  to  prevent  him  from 
pursuing  his  ordinary  and  usual  vocation. 

Sect.  2.  No  person  shall  be  entitled  to  receive  aid  under  Behlg  depe?d; 
the  provisions  of  section  two  of  said  chapter  one  hundred  and  to  aid,  unless, 
seventy -two  by  reason  of  being  dependent  upon  any  person  ibid.  $ 2. 
named  or  described  in  said  section  unless  the  person  upon 
whom  he  was  dependent  was  killed  or  has  died  by  reason  of 
wounds  or  disease  incurred  in  the  service  described  in  said  sec- 
tion or  is,  or  at  the  time  of  his  death  was  in  the  receipt  of  a pen- 
sion from  the  United  States,  equal  in  amount  to  one-half  of  the 
full  pension  which  is  allowed  to  a person  of  the  same  rank  or 
grade:  provided,  however , that  if  the  person  upon  whom  the  Provisos, 
applicant  was  dependent  shall  obtain  a pension  from  the  United 
States  after  this  act  shall  take  effect,  said  applicant  shall  be 
entitled  to  receive  the  same  amount  that  he  would  have  been 
entitled  to  receive,  had  said  pension  been  obtained  prior  to  the 
time  when  this  act  shall  take  effect ; and  provided , further,  that 
when  any  person  who  has  heretofore  received  State  aid  is  pre- 
cluded therefrom  by  the  provisions  of  this  act,  and  the  authori- 
ties of  the  cities  or  towns  are  satisfied  that  justice  and  neces- 
sity require  a continuance  of  the  aid  to  prevent  actual  sufferings 
they  are  hereby  authorized  in  such  cases  to  continue  the  payment 
thereof;  and  upon  reporting  the  facts  in  each  specific  case,  and 
showing,  by  evidence  satisfactory  to  the  commissioners,  the 
necessity  of  such  payments,  the  sums  so  paid  shall  be  reim- 
bursed to  such  cities  and  towns  out  of  the  treasury  of  the  Com- 
monwealth. 

Sect.  3.  The  reports  to  the  auditor,  required  to  be  made  by  Reports  to  be 
section  six  of  said  chapter  one  hundred  and  seventy-two,  shall  ^arterly 
hereafter  be  made  quarterly,  on  or  before  the  tenth  days  of 
January,  April,  July  and  October  of  each  y^ar:  provided,  that 
the  return  for  July  of  the  present  year  shall  include  the  dis- 
bursements of  the  preceding  six  months. 


7 


2 56 


ORDINANCES. 


Commissioners 
to  inspect  re- 
turns, &c. 

1867.  136,  § 4. 


May  reduce 
claims. 


May  appoint  ex- 
aminers, &c. 
Ibid.  $ 5. 


Sect.  4.  It  shall  be  the  duty  of  the  commissioners  constituted 
by  section  five  of  said  chapter  one  hundred  and  seventy-two,  to 
inspect  all  such  returns,  and  whenever  it  shall  appear  by  the 
inspection  thereof,  or  otherwise,  that  the  amount  paid  by  the 
treasurer  of  any  city  or  town  under  the  provisions  of  said  chap- 
ter one  hundred  and  seventy-two,  or  of  this  act,  for  any  quarter 
or  greater  period  of  time,  is  at  a rate  which  if  continued  for  one 
year  would  exceed  the  proportion  of  fifty  per  cent  of  the  state 
tax  of  such  city  or  town  for  the  previous  year,  or  if  for  any  rea- 
son the  amount  so  paid  shall  appear  to  be  unreasonably  large,  it 
shall  be  the  duty  of  said  commissioners  to  make  or  cause  to  be 
made  an  examination  of  the  persons  or  claims  of  persons  to 
whom  the  same  has  been  paid,  and  of  the  parties  by  whom  said 
returns  are  made ; and  in  all  cases  of  any  fraud,  or  neglect  of 
duty  on  the  part  of  the  persons  making  such  returns,  or  of  the 
authorities  of  any  city  or  town  granting  aid,  said  commissioners 
shall  deduct  from  the  amount  claimed  by  any  city  or  town  the 
amount  paid  to  any  person  or  persons,  when  in  their  judgment 
the  same  should  not  have  been  paid  under  the  provisions  of  said 
chapter  one  hundred  and  seventy-two,  and  of  this  act,  and  shall 
certify  the  same  to  the  treasurer  and  receiver-general,  who  shall 
reimburse  to  said  city  or  town  only  the  balance  thus  desig- 
nated. 

Sect.  5.  Said  commissioners  may  appoint,  as  occasion  may 
require,  one  or  more  disinterested  persons,  not  exceeding  three 
in  number,  whose  duty  it  shall  be  to  make  the  examinations  pro- 
vided for  in  section  four  of  this  act,  and  make  full  returns  of 
their  doings  to  said  commissioners.  Such  expenses  as  may  be 
incurred  in  making  said  examination,  including  such  reasonable 
compensation  to  the  persons  appointed  under  the  provisions  of 
this  section  for  their  services  as  shall  be  approved  by  the  com- 
missioners and  allowed  by  the  governor  and  council,  shall  be 
paid  out  of  the  treasury  of  the  Commonwealth.  No  person  shall 
be  appointed  to  make  such  examinations  in  the  county  where  he 
may  reside. 


STATE  AID. 


257 


Sect.  G.  The  treasurers  of  cities  and  towns  may,  under  the  Cities  may  pa^ 

sums  to  wife, &c. 

direction  of  the  city  council  or  selectmen  thereof,  pay  the  sums  1807.  136,  §6. 
due  for  aid  to  any  officer,  soldier  or  sailor,  or  so  much  thereof 
as  they  may  think  best  to  the  wife  or  family  of  such  officer,  sol- 
dier or  sailor  or  for  the  benefit  of  such  wife  or  family ; and  the 
amounts  so  paid  shall  be  reimbursed  in  the  same  manner  as  if 
paid  to  such  officer,  soldier  or  sailor  in  person. 

Sect.  7.  No  appeal  shall  lie  to  the  commission  appointed  by  appeal  t0  lie> 
section  five  of  said  chapter  one  hundred  and  seventy-two,  with 
regard  to  the  aid  provided  for  in  section  two  of  said  chapter. 

Sect.  8.  Sections  two  and  ten  of  said  chapter  one  hundred  Amendment  of 

sections. 

and  seventy  two  are  hereby  amended  by  striking  out  the  word  im<l  $ 8. 

“ father  ” wherever  it  occurs  in  said  sections,  and  inserting  be- 
fore the  word  “ mother/’  wherever  it  occurs  in  said  sections,  the 
word  “ widowed.” 

Sect.  9.  Section  twelve  of  said  chapter  one  hundred  and  Repeal  of  sec- 
seventy-two,  and  chapter  two  hundred  and  eighty-two  of  the  acts  1^%  9. 
of  the  year  eighteen  hundred  and  sixty-six,  are  hereby  repealed. 

The  widows  and  orphan  children  who  are  now  receiving  aid 
under  the  provisions  of  said  chapter  two  hundred  and  eighty-two 
shall  continue  to  receive  the  same  aid  under  this  act,  under  the 
same  conditions  and  restrictions  as  now  exist.  All  persons  who 
served  in  the  regiments  commonly  known  as  11  one  hundred  day 
regiments,”  and  11  three  months  regiments,”  and  who  come  within 
the  provisions  of  this  act,  shall  receive  the  aid  herein  provided. 

Sect.  10.  This  act  shall  take  effect  on  the  first  day  of  May  ^etn  t0  take 
next.  ibid.  $ 10. 


258 


. ORDINANCES. 


STREETS. 

4.  Board  of  aldermen*  to  lay 
out  streets  between  certain 
wharves. 

5.  Compensation  for  displacement 
of  tide-water. 

6.  Attorney  General  to  protect 
Commonwealth’s  rights. 

STATUTES  ,1 

Lands  abutting  Section  1.  Whenever  the  owner  of  a lot  abutting  upon  any 

on  highway  to  # • 

be  fenced.  street  or  way  in  any  city  of  this  Commonwealth  shall  dedicate 
24  ’ $ 1§  to,  or  permit  to  be  used  by  the  public,  a portion  of  his  land 
lying  between  said  street  or  way  and  the  range  of  the  buildings 
fronting  on  the  same,  it  shall  be  the  duty  of  such  abutter  to  keep 
every  part  of  the  land  so  dedicated,  or  so  permitted  to  be  used, 
in  such  condition  as  the  safety  and  convenience  of  the  public 
shall,  in  the  opinion  of  the  board  of  aldermen,  require : and  if 
the  owner  of  any  such  abutting  lot  shall,  after  reasonable  notice 
given  by  the  board  of  aldermen  or  mayor,  neglect  or  refuse  to 
put  that  portion  of  his  land  so  dedicated  to,  or  permitted  to  be 
used  by  the  public,  into  the  condition  aforesaid,  by  executing 
the  specific  repairs  or  improvements  required  by  the  board  of 
aldermen,  or  to  close  the  same  from  public  use  by  a substantial 
railing  or  guard,  it  shall  be  lawful  for  said  board  of  aldermen  to 
put  said  land  into  the  condition  which,  in  their  opinion,  the 
public  convenience  and  safety  require,  and  to  assess  the  expense 
thereof  upon  the  owner ; and  all  assessments  so  made  shall  be 
a lien  upon  such  abutting  lots  in  the  same  manner  as  taxes  are  a 
lien  upon  real  estate. 


STATUTE. 

1.  Owners  of  lands  on  highways  to 
fence  the  same  on  line  of  street. 

2.  Culverts  and  cattle  passes  may 
be  constructed. 

3.  State  commissioners  to  convey 
Berkeley  St.  sixty  feet  wide. 


1 An  act  concerning  Lands  abutting  on  the  Streets  in  Cities  of  this  Com- 
monwealth, passed  May  16,  1867. 

An  act  concerning  the  Construction  of  Highways,  passed  May  20,  1867. 
An  act  concerning  Berkeley  Street,  on  the  Back  Bay,  passed  June  1, 1867. 
An  act  to  authorize  the  city  of  Boston  to  build  a highway  over  certain 
tide-waters,  passed  June  1,  1867. 


STREETS. 


259 


Sect.  2.  When,  in  the  laying  out,  widening  or  relocating  any 
highway,  the  county  commissioners  of  any  county  shall  require 
the  making  of  any  culvert,  cattle  pass  or  other  passage-way 
through  or  under  the  highway  as  the  commissioners  shall  direct 
the  same  to  be  made  and  worked,  said  commissioners  may  order 
and  require  the  town  in  which  such  highway  is  located,  to  con- 
struct such  culvert,  cattle  pass  or  other  passage  way,  and  the 
town  shall  construct  the  same  as  a part  of  the  highway.  And 
the  county  commissioners  may  reimburse  to  said  town,  out  of  the 
county  treasury,  such  portion  of  the  cost  of  the  same,  if  any,  as 
justice  and  equity  may  in  their  judgment  require. 

Sect.  3.  The  commissioners  on  public  lands  shall  convey  to 
the  city  of  Boston  that  part  of  Berkeley  Street  that  is  situate  on 
the  Commonwealth’s  lands  in  the  Back  Bay,  as  the  same  is  now 
located  and  completed  sixty  feet  wide ; and  the  said  city  is 
authorized  to  widen  the  roadway  of  the  said  street,  when  author- 
ized so  to  do  by  the  governor  and  council,  to  the  width  of  eighty 
feet,  without  any  claim  for  damages  by  the  abutters  on  said 
street.1 

Sect.  4.  The  board  of  aldermen  of  the  city  of  Boston  is 
hereby  authorized  to  lay  out  a street  or  streets,  over  tide-waters, 
between  Lewis,  Commercial,  Mercantile,  City,  Long,  Central, 
India  and  Bowe’s  Wharves,  or  either  of  them : provided , that 
nothing  in  this  act  shall  be  construed  as  ceding  or  yielding  any 
right,  title  or  interest  the  Commonwealth  may  have  in  any 
lands  or  flats  which  lie  within  said  street  or  streets,  or  shall  be 
cut  off  from  the  harbor  by  the  same.2 

Sect.  5.  Such  compensation  shall  be  made  for  all  displace- 
ment of  tide-water,  caused  by  anything  done  under  this  act,  as 
the  harbor  commissioners  shall  determine,  and  be  made  in  the 
manner  required  by  chapter  one  hundred  and  forty-nine  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-six.- 


Culverts  and 
cattle  passes  to 
be  made. 

1867.  256,  $ 1. 


State  to  convey 
Berkeley  St.  to 
city. 

1867,  338,  $ 1. 


Board  of  alder- 
men may  lay 
out  streets  be- 
tween certain 
wharves. 

1867.  324,  $1. 
Proviso:  shall 
not  affect  Com- 
monwealth’s 
rights. 


Compensation 
for  displacement 
of  tide-water, 
how  made. 

Ibid.  § 2. 


1 See  agreement  under  seal  made  between  the  State,  the  city  and  the 
Water  Power  Co.,  dated  Dec.  31,  1864,  and  deposited  in  the  office  of  the 
Auditor  of  Accounts,  City  Hall. 

2 See  report  on  petition  of  Alfred  C.  Hersey  and  others  in  records  of 
Board  of  Aldermen  for  1867. 


260 


ORDINANCES. 


Attorney-gen- 
eral shall  exam- 
ine Common- 
wealth’s rights, 
and  report. 
1867.  324,  $ 3. 


Statute  of  1866, 
chapter  113,  re- 
pealed. 

1807.  215,  $1. 


Sixth  location. 
June  19,  1867. 


Sect.  6.  It  shall  be  the  duty  of  the  attorney-general  to 
examine  into  the  right  and  title  of  the  Commonwealth  in  all 
lands  and  flats  which  would  lie  within  and  be  cut  off  from  the 
harbor  by  the  building  of  such  street  or  streets,  and  report  his 
opinion  thereupon  to  the  next  legislature. 


STREET  RAILROADS. 


STATUTE. 

Street  Railroad  act  of  1866,  chap. 
113  repealed. 

BROADWAY  RAILROAD. 

Sixth  location,  page  261. 

FITCHBURG  RAILROAD. 

To  extend  tracks  into  Haverhill 
St.,  page  261. 

MARGINAL  FREIGHT  RAILROAD. 

Incorporation,  etc.,  page  262. 

Rules  for  operation  of  page  267. 


METROPOLITAN  RAILROAD. 
Fourteenth  location,  page  268. 
Fifteenth  location,  p.  269. 

Roxbury  locations  from  1855  to 
1865,  inclusive,  page  270. 

BOSTON  AND  WORCESTER  RAILROAD. 

1.  To  lay  track  across  Lehigh  St., 
page  274. 

2.  To  lay  track  across  South  St., 
page  274. 


STATUTE.1 


Section  1.  Chapter  one  hundred  and  thirteen  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-six  is  hereby  repealed : pro- 
vided, however , that  nothing  in  this  act  shall  affect  any  right 
acquired  or  proceedings  begun  under  the  same. 


BROADWAY  RAILROAD. 

In  addition  to  the  rights  heretofore  granted  to  the  Broadway 
Railroad  Company,  to  lay  down  tracks  in  several  of  the  streets 
of  the  city  of  Boston,  said  company  shall  have  the  right  to  lay 


1 An  act  to  repeal  an  act  to  authorize  Horse  and  Street  Railroad  Cor-  • 
porations  to  take  the  benefit  of  the  Insolvent  Laws,  passed  May  6,  1867. 


STREET  RAILROADS. 


261 


down  a single  track  on  B Street,  between  Fourth  Street  and  June  19>  1867, 
Broadway,  connecting  the  tracks  of  said  company  already  laid 
down  on  those  streets ; also  suitable  turnouts  on  C Street,  be- 
tween Fourth  and  Fifth  streets,  and  on  B Street,  between  Fourth 
and  Silver  streets. 

The  right  to  lay  down  these  tracks  is  upon  the  same  conditions 
recited  in  the  fifth  location  granted  by  the  city  of  Boston  to 
the  said  Broadway  Railroad  Company,  August  8,  1866.1 

FITCHBURG  RAILROAD  LOCATION. 

Fitchburg  Railroad  Company  shall  have  the  right  to  lay  down  To  lay  tracks  in 
a straight  track,  sixty  feet  in  length,  on  Haverhill  Street,  adja-  NoVt  19j  1867. 
cent  and  parallel  to  the  sidewalk  on  the  southerly  side  of  the 
passenger  depot  of  said  company. 

Also  a curved  track  from  the  premises  of  said  Fitchburg 
Railroad  Company  on  Haverhill  Street  to  the  track,  to  be  laid 
down  by  the  Marginal  Freight  Railway  Company  on  Causeway 
Street. 

The  right  to  lay  down  the  tracks  located  by  this  order  is  upon 
the  condition  that  the  whole  work  of  laying  down  the  tracks, 
the  precise  location  of  the  same,  and  the  form  of  rail  to  be 
used,  shall  be  satisfactory  to  the  Committee  on  Paving  and 
the  Superintendent  of  Streets,  and  shall  be  approved  by  them. 

Also  upon  the  condition,  that  these  tracks  shall  not  be  laid 
down  until  the  tracks  of  the  Marginal  Freight  Railway  Com- 
pany, or  Commercial  Freight  Railway  Company,  shall  have  been 
laid  down  in  Causeway  Street. 

Also  upon  the  condition,  that  when  the  tracks  located  by 
this  order  are  laid  down,  the  space  between  the  rails,  and  three 
feet  on  each  side  thereof,  shall  be  paved  with  granite  blocks 
of  such  size  and  quality  as  the  Superintendent  of  Streets  shall 
direct. 


Accepted  by  Broadway  R.R.  Co.,  June  27,  1867. 


262 


ORDINANCES. 


Nov.  19, 186" 


Corporation. 
1867.  170, $ 1. 


To  construct  a 
railway  in  Bos- 
ton streets. 

Ibia.  $ 2. 


Also  upon  the  condition,  that  said  Fitchburg  Railroad  Com- 
pany shall  accept  this  order  of  location,  and  agree,  in  writing,  to 
comply  with  its  several  conditions,  and  file  said  acceptance  and 
agreement  with  the  City  Clerk  within  twenty  days  of  the  date 
of  its  passage ; 1 otherwise,  it  shall  be  null  and  void. 


MARGINAL  FREIGHT  RAILWAY. 


STATUTE. 

1.  Corporation. 

2.  To  construct  a railway.  Loca- 
tion. 

3.  To  be  used  for  frieght  only. 

4.  May  connect  with  steam  roads. 

5.  May  fix  tolls. 

6.  May  unite  with  Commercial 
Freight  R.  R. 

7.  May  unite  with  other  street 
roads. 

8.  May  widen  and  alter  streets. 

9.  City  to  widen  streets  when  de- 
manded by  the  company. 

10.  Company  to  keep  streets  in  re- 
pair. 


11.  Tracks  how  removed. 

12.  May  erect  elevators  for  grain. 

13.  Amount  of  capital  stock. 

14.  Certain  steam  roads  may  sub- 
scribe for  stock. 

15.  May  receive  freight  cars  from 
other  roads  on  tracks. 

16.  Agreement  to  be  made  with 

* Commercial  Freight  R.  R.  Co. 

17.  Mode  of  running  cars  to  be 
regulated. 

18.  When  act  to  take  effect. 

hules. 

Rules  adopted  by  board  of  aider- 
men,  p.  267. 


STATUTE.2 


Section  1.  Thomas  Russell,  Edward  Crane,  Harvey  Scud- 
der,  their  associates  and  successors,  are  hereby  made  a corpora- 
tion by  the  name  of  the  Marginal  Freight  Railway  Company, 
with  all  the  privileges,  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  the  general  laws  which  now  are,  or 
may  hereafter  be  in  force  relating  to  street  railway  corporations 
so  far  as  they  may  be  applicable. 

Sect.  2.  Said  corporation,  in  such  manner  as  may  be  pre- 
scribed and  directed  by  the  board  of  aldermen  of  the  city  of 
Boston,  may  construct,  maintain  and  use  a street  railway,  with 


1 Accepted  Dec.  6,  1867. 

2 An  act  to  incorporate  the  Marginal  Freight  Railway  Co.,  passed  April 
25,  1867. 


STREET  RAILROADS. 


263 


suitable  turn-outs,  and  with  such  tracks,  not  less  than  two,  as  the  1867,  170>$2- 
said  board  of  aldermen  may  from  time  to  time  permit ; the  rails 
for  said  tracks  to  be  of  such  pattern  as  the  board  of  aldermen 
may  prescribe,  and  which  shall  also  be  suitable  for  railway 
freight  cars  in  common  use,  commencing  at  the  Boston  and 
Worcester  Railroad  tracks  in  Lincoln  or  South  Street  in  said 
Boston;  thence  through  upon  and  over  Lincoln  or  South  and  Location. 
Beach  streets  to  Federal  Street,  or  through,  upon  and  over 
Lincoln,  Tufts  and  East  streets  to  Federal  Street;  and  also 
commencing  on  the  freight  tracks  of  the  Old  Colony  and  New- 
port Railway  Company,  near  its  freight  depot  in  said  Boston ; 
thence  over,  through  and  upon  Cove  and  Beach  streets  to  Federal 
Street,  or  through,  upon  and  over  Cove  and  East  streets  to  Fed- 
eral Street;  thence  through,  upon  and  over  Federal  Street  and 
Broad  Street  to  Rowe’s  Wharf ; thence  through  all  intervening 
estates,  at  the  head  of  Rowe’s  Wharf  and  India  Wharf,  to  India 
Street;  thence  through,  upon  and  over  India  Street,  and  through 
the  westerly  end  of  Central  Wharf  Block,  and  through,  upon  and 
over  the  street  east  of  the  Custom  House  to  Commercial  Street  ; 
thence  through,  upon  and  over  Commercial,  Causeway  and  Low- 
ell streets,  or  through,  upon  and  over  Commercial,  Causeway, 

Andover  and  Minot  streets,  to  a connection  with  the  freight 
tracks  of  the  Boston  and  Lowell  Railroad  Company;  with  the 
right  also  to  construct,  use  and  maintain  side  tracks  from  said 
line  above  described,  to  any  wharf  or  wharves,  or  warehouses, 
suitable  for  storing  freight,  when  requested  in  writing  so  to  do 
by  a majority  in  interest  of  the  owners  or  occupants  of  such 
wharves  or  warehouses ; jwovided,  however , that  no  side  track 
shall  be  laid  upon  a public  street  to  any  wharf  or  warehouse, 
without  the  approval  of  the  board  of  aldermen. 

Sect.  3.  Said  railway  shall  be  used  by  said  corporation  for  to  be  used  for 
the  transportation  of  freight  only,  and  the  cars  thereon  shall  be  3?17’ 
drawn  only  by  horse-power,  unless  the  use  of  other  power  shall 
be  sanctioned  by  said  board  of  aldermen. 


8 


264 


ORDINANCES. 


May  connect 
with  steam 
roads. 

Ibid.  $ 4. 


May  fix  tolls  for 
transportation. 
Ibid.  $ 5. 


May  unite  with 
Commercial 
Freight  R.  R. 
Ibid.  $ 6. 


May  unite  with 
other  street  rail- 
ways. 

Ibid.  $ 7. 


Sect.  4.  Every  steam  railway  corporation  by  whose  road 
said  Marginal  Freight  Railway  passes,  shall,  in  the  manner  pre- 
scribed by  said  board  of  aldermen,  connect  its  tracks  with  the 
same,  for  the  transportation  of  freight;  and  every  such  steam 
railroad  is  empowered  and  required  to  make  such  connections ; 
and  in  making  such  connections  said  steam  railroad  companies 
shall  have  all  the  powers  and  be  subject  to  all  the  liabilities  set 
forth  in  the  sixty-third  chapter  of  the  General  Statutes  and  in 
the  laws  supplemental  thereto;  and  it  shall  be  the  duty  of  said 
Marginal  Freight  Railway  Company  to  receive  and  deliver 
freight  cars  at  each  of  said  connections,  and  haul  the  same  over 
its  road  at  their  established  rates. 

Sect.  5.  Said  Marginal  Freight  Railway  Company  shall 
have  the  power  to  fix  such  tolls  for  the  transportation  of  freight 
and  the  use  of  elevators,  as  they  may  from  time  to  time  deem 
expedient;  provided,  that  said  rates  shall  only  be  sufficient  to 
pay  the  expenses  of  said  corporation  and  to  pay  a dividend  of 
five  per  cent  semi-annually  upon  the  capital  stock  of  said  cor- 
poration. 

Sect.  6.  The  Commercial  Freight  Railway  Company,  incor- 
porated by  chapter  two  hundred  and  sixty-seven  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-six,  is  hereby  authorized  to 
unite  with  said  Marginal  Freight  Railway  Gompany  and  form 
one  corporation  on  such  terms  as  said  two  corporations  may* 
mutually  agree  upon. 

Sect.  7.  Said  corporation  may  within  its  authorized  limits 
and  for  the  authorized  purposes  of  this  act,  enter  upon  and  use 
any  part  of  the  tracks  of  . any  other  street  railway,  and  may  so 
strengthen  and  improve  such  tracks  as  to  make  them  suitable 
for  the  transportation  of  freight;  and  if  the  corporations  cannot 
agree  upon  the  manner  and  conditions  of  such  entry  and  use,  or 
the  compensation  to  be  paid  therefor,  the  same  shall  be  deter- 
mined in  accordance  with  the  provisions  of  the  twenty-ninth  sec- 
tion of  chapter  two  hundred  and  twenty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  sixty -four. 


STREET  RAILROADS. 


2 65 


Sect.  8.  Said  Marginal  Freight  Railway  Company,  for  the  May  widen  and 
convenient  location  and  use  of  its  tracks,  and  to  lessen  and  to  streets, 
prevent  inconvenience  being  occasioned  thereby  to  the  public  1867,  1<0,$8, 
travel,  are  authorized  to  widen  and  alter  Tufts,  East  and  Cause- 
way streets ; and  to  carry  into  effect  the  purposes  of  this  act, 
shall  be  entitled  to  all  the  rights  and  privileges  and  shall  be  sub- 
ject to  all  the  duties,  liabilities  and  restrictions  set  forth  in  the 
sixty-third  chapter  of  the  General  Statutes  and  the  laws  supple- 
mental thereto,  so  far  as  the  same  may  be  applicable.  And  any 
railroad  corporation  whose  tracks  are  authorized  to  be  connect- 
ed with  said  Marginal  Railway  Company  by  this  act,  shall,  for 
the  purpose  of  properly  and  conveniently  making  such  connec- 
tion, or  for  the  purpose  of  enlarging  or  improving  their  freight 
or  passenger  accommodations  in  the  city  of  Boston,  have  all  the 
powers,  rights,  and  privileges,  and  shall  be  subject  to  all  the  du- 
ties, liabilities  and  restrictions  set  forth  in  the  sixty-third  chapter 
aforesaid  and  the  laws  supplemental  thereto,  so  far  as  the  same 
may  be  applicable. 

Sect.  9.  The  board  of  aldermen  of  the  city  of  Boston  City  t0  widen 
may,  upon  the  application  of  said  Marginal  Freight  Railway  manded  by  the 
Company,  straighten  the  streets  through  which  said  railway  is  ibid^T. 
authorized  to  pass,  and  widen  said  streets  .so  that  they  shall  not 
be  less  than  fifty  feet  in  width  between  the  curbstones;  and 
said  straightening  and  widening  shall  be  made  in  accordance 
with  the  provisions  of  chapter  one  hundred  and  seventy-four  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-six ; and  said 
Marginal  Freight  Railway  Company  shall  pay  said  city  one  half 
of  the  net  cost  to  said  city  of  such  straightening  and  widening. 

Sect.  10.  Said  Marginal  Freight  Railway  Company  shall  To  keep  streets 
keep  in  repair,  to  the  satisfaction  of  the  superintendent  of  streets  imaTio- 
of  the  city  of  Boston,  all  the  paving  between  the  curbstones  of 
the  streets  in  which  their  tracks  shall  be  laid. 

Sect.  11.  The  board  of  aldermen  of  the  city  of  Boston  Tracks,  how  re- 

_ moved  from 

shall,  upon  the  application  ol  any  street  railway  company  used  streets, 
for  the  conveyance  of  passengers,  and  owning  tracks  in  any  ofIbl(L$  n’ 


266 


ORDINANCES. 


1867.  170,  §11. 


May  erect  ele- 
vators for  grain. 

rbid.  $ 12. 


Capital  stock, 
rbid.  $ 13. 


Steam  roads 
may  subscribe 
* for  stock. 

Ibid.  $ 14. 


the  streets  which  said  Marginal  Freight  Railway  Company  shall 
occupy,  authorize  the  company  so  applying  to  remove  its  tracks 
from  such  streets,  and  shall  grant  to  said  company  in  lieu  of  the 
tracks  so  removed  an  equally  convenient  location  in  other  streets 
so  far  as  the  same  may  be  consistent  with  the  public  con- 
venience. 

Sect.  12.  Said  Marginal  Freight  Railway  Company  is  hereby 
authorized  to  erect  and  maintain  elevators  for  the  storage  of 
grain,  to  purchase  and  hold  such  real  estate  as  may  be  necessary 
therefor,  and  to  collect  the  tolls  for  the  use  thereof  provided  for 
in  section  five. 

Sect.  13.  The  capital  stock  of  said  Marginal  Freight  Rail- 
way Company  shall  not  exceed  one  million  of  dollars,  and  shall 
be  divided  into  shares  of  one  hundred  dollars  each ; provided 
no  liabilities  shall  be  incurred  by  said  corporation  until  one-half 
of  the  stock  shall  have  been  subscribed  by  responsible  parties, 
and  twenty  per  cent  of  the  amount  of  such  subscription  shall  be 
paid  in,  in  cash. 

Sect.  14.  The  Boston  and  Worcester  Railroad  Company, 
the  Western  Railroad  Company,  the  Old  Colony  and  Newport 
Railway  Company,  the  Boston,  Hartford  and  Erie  Railroad  Com- 
pany, the  Boston  and  Providence  Railroad  Company,  the  Fitch- 
burg Railroad  Company,  the  Boston  and  Maine  Railroad  Com- 
pany, the  Eastern  Railroad  Company,  and  the  Boston  and 
Lowell  Railroad  Company,  are  each  of  them  authorized,  and 
shall  each  of  them  have  the  right  to  subscribe  to  the  stock  of 
said  Marginal  Freight  Railway  Company,  to  an  amouut  not  ex- 
ceeding five  per  cent  of  the  capital  stock  thereof,  as  the  amount 
of  the  same  may,  from  time  to  time,  be  determined;  provided, 
that  said  subscriptions  shall  be  made  within  ninety  days  from 
such  determination  or  increase  of  said  capital  stock : notice  of 
such  determination  or  increase  shall  be  sent  to  the  treasurers 
of  each  of  said  railroad  corporations;  and  upon  the  request  of 
said  Marginal  Freight  Railway  Company,  the  said  railroad  cor- 
porations, before-named,  may,  from  time  to  time,  make  further  . 
subscriptions  to  said  capital  stock. 


STREET  RAILROADS. 


' 267 


Sect.  15.  Any  freight  cars  arriving  in  Boston  on  either  of  the 
above-mentioned  railroads,  and  containing  freight  destined  to  any 
other  of  said  railroads,  shall  be  taken  over  said  Marginal  Freight 
Railroad  and  delivered  to  such  other  railroad,  without  breaking 
bulk;  provided,  however,  that  this  regulation  shall  only  apply 
to  cars  containing  a full  average  load. 

Sect.  16.  This  act  shall  be  void,  so  far  as  it  authorizes  the 
construction  of  the  Marginal  Freight  Railway  over  the  location 
of  the  Commercial  Freight  Railway,  or.  through  the  streets  in 
which  the  said  last-named  railway  is  located;  also  so  far  as  re- 
lates to  any  rights  and  privileges  granted  to  said  Marginal 
Freight  Railway  by  this  act,  upon,  incident  to,  or  connected 
with  said  last-named  location,  unless  said  Marginal  Freight 
Railway  and  said  Commercial  Freight  Railway  shall  unite  and 
form  one  corporation,  as  they  are  herein  authorized  to  do,  or 
shall  mutually  agree  upon  the  joint  occupancy  of  said  last  named 
location,  or  unless  said  Commercial  Freight  Railway  Company 
shall  consent,  in  writing,  that  said  Marginal  Freight  Railway 
Company  may  occupy  and  lay  its  tracks  upon  the  location  of 
said  Commercial  Freight  Railway. 

Sect.  17.  The  board  of  aldermen  of  the  city  of  Boston  shall 
have  full  power  to  regulate  the  manner  and  time  of  running  the 
cars  upon  said  Marginal  Freight  Railway.  • 

Sect.  18.  This  act  shall  take  effect  as  soon  as  it  shall  be 
accepted  by  the  board  of  aldermen  of  the  city  of  Boston.1 


May  receive 
freight  cars 
other  roads  on 
their  tracks. 
1868.  180,  §15. 


Agreement  with 
Commercial 
Freight  Co.  to 
he  made. 

Ibid.  § 16. 


Mode  of  run- 
ning cars  to  b® 
regulated. 

Ibid.  $ 17. 

"When  act  to 
take  effect. 

Ibid.  § 18. 


RULES.2 

1.  The  rail  to  be  used  in  the  construction  of  the  Marginal  Form  of rail^&c- 

July  9,  1867. 

Freight  Railroad  shall  be  made  of  rolled  iron,  and  shall  weigh 
not  less  than  ninety  pounds  to  the  lineal  yard,  and  be  similar  to 
the  pattern  deposited  in  the  office  of  the  superintendent  of 
streets. 

2.  The  space  between  the  rails  and  such  distance  on  each  Pavement  of 

tracks. 

side  thereof,  as  shall  be  prescribed  by  the  committee  on  paving* 


1 Accepted  by  board  of  aldermen,  of  Boston,  May  7,  1867. 

2 Rules  passed  by  board  of  aldermen,  July  9,  1867. 


268 


ORDINANCES. 


Fourteenth  lo 
cation. 

Nov.  18, 1867. 


shall  be  paved  with  small  granite  or  trap-rock  blocks  of  such 
size  and  quality  as  the  superintendent  of  streets  shall  direct. 
The  whole  work  of  constructing  said  tracks  shall  be  done  to  the 
satisfaction  of  the  committee  on  paving  and  the  superintendent 
of  streets,  and  shall  be  approved  by  them. 

METROPOLITAN  RAILROAD. 

Ordered : In  addition  to  the  rights^  heretofore  granted  to  the 

Metropolitan  Railroad  Company  to  lay  down  tracks  in  several 
streets  in  the  city  of  Boston,  said  company  shall  have  the  right 
to  lay  down  an  additional  track  on  Boylston  Street,  between 
Tremont  Street  and  the  easterly  line  of  Charles  Street,  also  a 
double  track  on  said  Boylston  Street  from  the  easterly  line  of 
Charles  Street,  to  the  easterly  line  of  Berkeley  Street. 

Said  Metropolitan  Railroad  Company  shall  also  have  the  right 
to  lay  down  an  additional  track  on  Tremont  Street,  from  the 
northerly  line  of  Boylston  Street  to  a point  sixty  feet  north  of 
the  northerly  line  of  La  Grange  Street,  there  to  connect  with  the 
single  track  now  laid  down.  Also,  an  additional  track  on  said 
Tremont  Street,  from  Eliot  Street  to  Dover  Street,  with  suitable 
connections  with  the  tracks  now  laid  down. 

Said  Metropolitan  Railroad  Company  shall  also  have  the  right 
to  connect  their  tracks  on  Tremont  Street  near  Berkeley  Street, 
and  the  tracks  located  by  this  order  on  Boylston  Street  with 
tracks  which  they  may  hereafter  lay  down  on  Berkeley  Street. 

The  right  to  lay  down  the  tracks  located  by  this  order  is  upon 
the  condition  that  the  whole  work  of  laying  down  the  tracks,  the 
precise  location  of  the  same,  and  the  form  of  rail  to  be  used 
shall  be  under  the  direction  and  to  the  satisfaction  of  the  com- 
mittee on  paving  and  the  superintendent  of  streets,  and  shall  be 
approved  by  them. 

Also,  upon  the  condition  that  the  space  between  the  rails  and 
three  feet  on  each  side  thereof  shall,  after  the  first  day  of  May, 
1868,  when  the  committee  on  paving  shall  direct,  be  paved  with 
granite  blocks  of  such  size  and  quality  as  the  superintendent  of 
streets  shall  direct. 


STREET  RAILROADS. 


269 


Also,  upon  the  condition  that  the  board  of  aldermen  reserve  Nov- 18> 1867* 
the  right  to  allow  any  other  horse  railroad  company  to  run  cars 
over  the  tracks  located  by  this  order  for  such  compensation  as 
may  be  agreed  upon  by  the  respective  companies,  and  in  case  of 
disagreement,  the  compensation  to  be  determined  according  to 
law. 

Also,  upon  the  condition  that  the  said  Metropolitan  Railroad 
Company  shall  accept  this  order  of  location  and  agree  in  wri- 
ting to  comply  with  the  conditions  therein  contained,  and  file  said 
acceptance  and  agreement  with  the  city  clerk  within  twenty 
days  of  the  date  of  its  passage,  otherwise  it  shall  be  null  and 
void.1 

Fifteenth  Location. 

In  addition  to  the  rights  heretofore  granted  to  the  Metropoli-  Fifteenth  ioea- 
tan  Railroad  Company  to  lay  down  tracks  in  several  of  the  jan’  2,  im. 
streets  of  the  city  of  Boston,  said  company  shall  have  the  right 
to  lay  down  an  additional  track  on  Tremont  Street,  commencing 
at  a point  in  the  present  tracks  of  said  company  on  said  Tre- 
mont Street,  opposite  the  northerly  line  of  Camden  Street,  and 
extending  in  a southerly  direction  on  the  westerly  side  of  said 
tracks,  two  hundred  and  seventy-five  feet,  there  to  connect  with 
the  tracks  as  now  laid  down. 

Said  company  shall  also  have  the  right  to  extend  their  double 
tracks  on  Tremont  Street,  opposite  Montgomery  Place,  forty  feet 
north  of  its  present  terminus. 

The  right  to  lay  down  these  tracks  is  upon  the  condition  that 
the  said  Metropolitan  Railroad  Company  shall,  at  all  times  after 
the  rails  are  laid  down,  keep  in  good  order  and  repair  such 
portions  of  the  street  as  are  occupied  by  its  tracks,  and  three 
feet  on  each  side  thereof,  to  the  satisfaction  of  the  committee  on 
paving  and  the  superintendent  of  streets.  Also,  that  the  work 
of  laying  down  the  tracks,  and  the  precise  location  of  the  same, 
and  the  form  of  rail  to  be  used,  shall  be  under  the  direction  and 
to  the  satisfaction  of  the  committee  on  paving  and  the  superin- 
tendent of  streets,  and  shall  be  approved  by  them. 


1 Accepted  by  Metropolitan  R.  R.  Co.  Nov.  19,  1867. 


270 


ORDINANCES. 


Jan.  2, 1868. 


Tremont  street. 
Nov.  7,  1855. 


Washington  st. 
Ibid. 

Bartlett  street. 
Ibid. 


Warren  street. 
Ibid. 

Eustis  street. 
Ibid. 

Walnut  street. 
Ibid. 

Warren  street. 
Ibid. 


Dudley  street. 
Ibid. 


Also,  that  when  the  tracks  are  laid  down,  the  space  between 
the  rails  and  three  feet  outside  of  each  rail  shall  be  paved  with 
block  pavement,  of  such  size  and  quality  as  the  superintendent 
of  streets  shall  direct. 

Also,  upon  the  condition  that  the  said  Metropolitan  Railroad 
Company  shall  accept  this  order  of  location  and  agree  in  writing 
to  comply  with  its  several  conditions,  and  file  said  acceptance 
and  agreement  with  the  city  clerk  within  twenty  days  of  the 
date  of  its  passage,  otherwise  it  shall  be  null  and  void.1 

METROPOLITAN  RAILROAD  LOCATIONS  IN  ROXBURY. 

The  track  of  the  Metropolitan  Railroad  is  located  as  follows : 
A double  track  over  Tremont  Street  from  the  Boston  line  to 
Washington  Street,  across  Washington  Street  to  Lowell  Street, 
over  Lowell  Street  to  Centre  Street,  over  Centre  Street  to  the 
line  of  West  Roxbury:  also  a double  track  from  Boston  line 
over  Washington  Street  to  Eliot  Square:  also  a double  track 
from  Washington  Street  at  corner  of  Bartlett  Street,  over  Bart, 
lett  Street  to  the  junction  of  the  same  with  the  Norfolk  and 
Bristol  Turnpike:  also  a double  track  from  Washington  Street 
over  Warren  Street  to  its  junction  with  Walnut  Street:  also  a 
double  track  from  Washington  Street  over  Eustis  Street  to  the 
Dorchester  line : also  a single  track  from  the  corner  of  Warren 
Street,  over  Walnut  Street  to  West  Roxbury  line:  also  a single 
track  over  Warren  Street  from  the  corner  of  Walnut  Street  to 
Dorchester  line : also  a single  track  from  Tremont  Street  over 
Cabot  and  Ruggles  streets  and  Linden  Park  to  Washington 
Street:  also  a single  track  from  Eliot  Square  over  Dudley 
Street  to  Eustis  Street : also  a single  track  from  Eliot  Square 
over  Centre  Street -to  its  junction  with  Lowell  .Street.  The 
above  location  is  granted  on  the  express  conditions  that  the  said 
Metropolitan  Railroad  Company  be  required  to  keep  in  order 
as  much  of  the  streets  through  which  the  track  passes  as  may  be 
enclosed  between  the  tracks  and  for  eighteen  inches  on  the  out- 


Accepted  by  Metropolitan  R.R.  Co.,  Jan.  7,  1868. 


STREET  RAILROADS. 


271 


side  of  the  outermost  rail  of  each  track,  provided,  also,  that  the  Dec> 17> 1855- 
said  railroad  corporation  shall  simultaneously  lay  the  tracks 
through  Washington  ’Street  to  Bartlett  Street,  over  Bartlett 
Street  to  Dudley  Street,  over  Dudley  Street  to  Eliot  Square, 

[over  Eliot  Square  and  through  Centre  Street  to  the  junction  of  Rescinded- 
Centre  and  Lowell  streets,]  over  Warren  Street  from  Washing- 
ton to  Walnut  streets,  over  Eustis  Street  to  the  Dorchester  line ; 
also  up  Washington  Street  to  Eliot  Square : provided,  also,  that 
the  rate  for  a single  fare  between  any  point  in  the  city  of  Bos-  Fares* 
ton  to  any  point  in  the  city  of  Roxbury  shall  not  exceed  six  and 
one-quarter  cents,  subject  to  the  future  action  of  the  corporation 
and  the  board  of  aldermen. 

The  grade  of  the  track  of  the  Metropolitan  Railroad  shall  be  Grades, 
the  same  as  that  of  the  several  streets  through  which  said  tracks 
have  been  located  by  this  board,  and  in  the  streets  where  the 
double  tracks  are  laid,  the  outer  rail  of  each  track  shall  be  not 
less  than  nine  feet  six  inches  distant  from  the  curbstone,  and 
where  a single  track  is  laid,  the  outer  rail  shall  be  not  less  than 
twelve  feet  and  three  inches  from  the  opposite  curbstone, 
except  where  curves  shall  be  necessary  at  the  corners  of  the 
streets. 

Said -company  is  authorized,  however,  to  lay  the  track  within  Drl^1eey  street 
not  less  than  nine  feet  and  six  inches  from  the  curbstone  on  the  Nov.  3,  1856. 
southerly  side  of  Dudley  Street  from  the  post  office  to  Eliot 
^Square. 

The  gauge  of  the  tracks  shall  be  four  feet  eight  and  one-half 
inches  in  width,  the  rails  of  the  same  size  and  pattern  as  those 
now  in  use  on  the  Third  Avenue  Railroad  in  New  York  city ; 
the  method  of  construction  to  be  similar  to  that  adopted  on  the 
railroads  in  the  city  of  New  York,  and  the  whole  work  to  be 
done  subject  to  the  direction  and  to  the  satisfaction  of  the  board 
of  aldermen. 

An  additional  location  is  granted  to  the  Metropolitan  Railroad  shawmut  ave- 
as  follows : A single  track  commencing  at  the  railroad  track  at  April  25, 1859. 
the  junction  of  Shawmut  Avenue  and  Dudley  Street,  and  extend- 


9 


272 


ORDINANCES. 


April  25,  1859. 


Warren  street. 
Nov.  14,  1859. 


Warren  street. 
May  30,  1860. 


Warren  street. 
July  7,  1860. 


Oct.  22, 1860. 


Warren  street. 
Sept.  3,  1860. 


Eliot  square. 
Oct.  27,  1862. 


ing  along  Shawmut  Avenue  to  Oak  Street,  where  a turnout  may 
be  located  if  required ; the  grade  of  the  track  is  to  be  the  same 
as  the  grade  of  the  highway  through  whibh  it  passes : and  the 
outer  rail  of  each  track  shall,  not  be  less  than  twelve  feet  from 
the  nearest  curbstone ; it  being  understood  that  the  Metropolitan 
Railroad  Company  is  required  to  pave,  keep  in  good  condition 
at  all  times  as  much  of  the  street  as  may  be  enclosed  between 
the  tracks  and  for  eighteen  inches  outside  of  the  rails. 

The  Metropolitan  Railroad  Company  is  authorized  to  lay  a 
street  railroad  from  its  present  terminus  in  Warren  Street  to  a 
point  above  Clifford  Street,  opposite  the  edge  of  which  a portion 
was  blasted  during  the  last  winter  in  the  middle  of  the  street, 
and  from  that  last  named  point  on  the  westerly  side  of  said 
street  twelve  feet  from  the  line  of  the  street  to  the  Dorchester 
line. 

The  Metropolitan  Railroad  Company  is  required  to  lay  their 
track  in  the  centre  of  Warren  Street  from  the  present  terminus 
to  the  estate  of  Dr.  Abbe,  on  Grove  Hall  Avenue,  and  from  that 
point  on  the  side  of  the  street  to  Dorchester  line. 

Also,  to  lay  another  track  in  Warren  Street,  from  Dudley 
Street  to  near  Allston  Place,  there  to  connect  with  the  main 
track,  provided  said  company  construct  a turnout  between  Rock- 
land and  Dale  streets,  at  and  for  the  terminus  of  the  present 
track.  Said  turnout  may  be  extended  from  Dale  Street  to  near 
the  south  wall  of  the  estate  of  the  late  Ralph  Haskins. 

Said  railroad  company  is  also  authorized  to  build  an  addi- 
tional track  in  Warren  Street,  from  Dudley  Street  to  a point 
between  Rockland  and  Dale  streets,  provided  said  company  pay 
the  expense  of  widening  Warren  Street  to  a suitable  width  be- 
tween Walnut  Street  and  Rockland  Street. 

The  Metropolitan  Railroad  Company  is  authorized  to  lay  a 
curved  track  of  sixty  feet  radius  in  Eliot  Square,  connecting 
their  curved  main  track,  on  the  southeasterly  side  of  the  pump, 
with  their  straight  track  leading  through  the  square ; also,  two 
curved  tracks  at  the  northwesterly  end  of  the  square,  commen- 


STREET  RAILROADS. 


273 


cing  at  a point  one  hundred  and  forty-two  feet  distant  from  the  0ct-27>1862- 
connection  near  the  pump ; one  of  fifty  feet  radius,  northerly 
leading  into  the  passage-way  on  the  easterly  side  of  their  new 
car-house ; the  other,  of  forty  feet  radius,  entering  the  car-house 
by  the  easterly  car  door ; each  of  these  three  tracks  to  conform 
to  a plan  of  the  location  drawn  by  Messrs.  Mason  ■&  Barbour, 
and  herewith  presented. 

The  railroad  company  is  required  to  pave  the  space  between 
the  said  last-named  turnouts,  and  also  that  portion  of  Washing- 
ton Street  which  lies  on  the  westerly  side  of  the  more  westerly 
of  said  last-named  turnouts,  for  the  distance  of  ten  feet  there- 
from, and  to  maintain  said  turnout  and  pavement  in  good  condi- 
tion, and  convenient  for  the  passage  of  carriages  across  the 
same ; and  they  are  further  required  to  lay  down  a good  and 
substantial  sidewalk  of  granite  blocks,  with  a good,  smooth  sur- 
face in  front  of  their  whole  estate  on  Eliot  Square,  and  to  main- 
tain the  same  and  the  track  across  the  same  leading  into  their 
car-house,  in  good  condition  and  repair,  and  convenient  for 
use. 

Said  company  shall  also  pave  the  triangular  space  between 
their  track  near  the  pump  in  said  square,  and  keep  the  pave- 
ment in  such  space  in  repair. 

The  Metropolitan  Railroad  Company  is  authorized  to  locate  Turnouts, 
turnouts  or  switches  in  the  following  named  streets : 

At  the  junction  of  Eustis  with  Washington  Street. 

At  the  intersection  of  Warren  Street  with  Dudley  Street,  on 
Warren  Street. 

At  the  junction  of  Washington  and  Warren  streets,  on  said 
streets. 

The  above  are  granted  upon  the  express  condition,  that  all 
rails,  switches  and  turnouts  now  located  and  used  by  the  said 
company,  which  may  be  rendered  useless  by  the  above  grants, 
shall  be  removed  forthwith  by  said  company,  and  the  locations 
thereof  are  hereby  revoked. 


274 


ORDINANCES. 


To  lay  an  addi- 
tional track 
across  Lehigh 
street. 

Aug.  27,  1867. 


Location  across 
South  street. 
Nov.  2,  1867. 


BOSTON  AND  WORCESTER  RAILROAD. 

Section  1.  Permission  is  granted  to  the  Boston  and  Worces- 
ter Railroad  Corporation  to  lay  down  an  additional  track 
across  Lehigh  Street,  easterly  of  the  present  tracks,  upon  condi- 
tion that  said  railroad  corporation  agrees  in  writing  to  remove 
said  track  whenever  the  board  of  aldermen  shall  adjudge  that 
the  public  convenience  so  requires ; said  agreement  to  be  filed 
with  the  city  clerk  within  twenty  days  of  the  passage  of  this 
order,  otherwise  this  permit  to  be  null’  and  void.1 

Location. 

Sect.  2.  Permission  is  granted  to  the  Boston  and  Worces- 
ter Railroad  Corporation  to  lay  down  a track  across  South 
Street  one  hundred  and  thirty  feet  westerly  of  Oak  Street  ex- 
tended upon  the  condition  that  said  Boston  and  Worcester  Rail- 
road Corporation  shall  remove  said  track  whenever  the  board 
of  aldermen  shall  so  direct;  also,  upon  the  condition  that  said 
railroad  corporation  shall  accept  this  order  of  location,  and  agree 
in  writing  to  comply  with  the  condition  contained  therein,  and 
file  said  acceptance  and  agreement  with  the  city  clerk  within 
twenty  days  of  its  passage,2  otherwise  it  shall  be  null  and  void. 


Accepted  by  Boston  and  Worcester  R.R.  Corporation,  Sept.  2,  1867. 
Accepted  by  Boston  and  Worcester  R.R.  Corporation,  Nov.  9,  1867. 


TAXES. 


275 


TAXES. 

STATUTE. 

7. 

Organization  of  Assistants. 

1. 

Lands  sold  by  Commonwealth 

i 8. 

Secretary  to  keep  records. 

to  be  taxed  to  owners  at  expi- 

9. 

Secretary  to  certify  days  of 

ration  of  three  years. 

service. 

10. 

Estates  to  be  valued. 

ORDINANCE. 

11. 

Office  Assessors. 

1. 

Assessors,  how  many  and  when 

12. 

Abatements  of  taxes  how  made. 

nominated. 

13. 

Tax  bills  to  be  made  out. 

2. 

Live  assessors  to  be  chosen. 

14. 

Tax  bills  how  collected. 

3. 

Sixteen  Eirst  Assistants. 

15. 

Real  estate  to  be  sold. 

4. 

Nineteen  Second  Assistants. 

16. 

Transfer  of  taxes. 

5. 

How  removed. 

17. 

Tenant  or  occupant  may  be  as- 

6. 

Organization  of  Board  of  As- 

sessed. 

sessors. 

18. 

Repeal  of  former  ordinances. 

STATUTE.* 1 

Section  1.  In  all  cases  where  lands  belonging  to  the  Com-  Lands  soid  by 

State  to  be  taxed 

monwealth  are  or  have  been  sold  by  the  commissioners  of  public  to  owner  after 
lands,  and  agreements  for  deeds  are  or  have  been  given  by  said  1% 

commissioners,  the  land  shall  be  free  from  taxation  for  the  space 
of  three  years,  unless  previously  built  upon  or  otherwise  im- 
proved by  the  purchasers  or  their  assigns ; and  upon  the  expira- 
tion of  three  years  from  the  date  of  such  sale,  such  lands  shall 
be  taxable  to  the  purchasers  thereof  or  their  assigns,  in  the  same 
manner  and  to  the  same  extent  as  if  deeds  of  the  same  had  been 
executed  and  delivered. 


ORDINANCE.2 

Section  1.  In  the  month  of  January,  or  as  soon  as  may  be  Assessors,  how 
thereafter,  annually,  there  shall  be  appointed  a joint  committee  nominated, 
of  the  city  council,  to  be  called  the  committee  on  the  assessors’  Jan’  3’ 1868, 
Department  to  consist  of  three  members  of  the  board  of  aider- 
men  and  five  members  of  the  common  council.  The  said 
committee  shall  have  the  care  and  supervision  of  the  assessors’ 

1 An  act  in  relation  to  the  Taxation  of  Lands  sold  by  the  Commonwealth, 
passed  March  28,  1867. 

1 An  ordinance  concerning  the  assessment  and  collection  of  taxes,  passed 

Jan.  3,  1868. 


276 


ORDINANCES. 


Jan.  3,  1868. 


Choice  of  asses- 
sors. 

Ibid, 


First  assistants 
chosen. 

Ibid. 


Second  assist- 
ants chosen. 
Ibid. 


Tenure  of  office. 
Ibid. 


office,  and  shall  fix  the  amount  of  compensation  to  be  paid  to 
the  clerks  appointed  by  the  Assessors.  In  the  month  of  January, 
or  as  soon  as  may  be  thereafter,  annually,  the  said  committee 
shall  recommend  to  the  city  council  the  names  of  five  persons 
to  be  voted  for  as  assessors  of  taxes  in  the  city  of  Boston;  and 
also  the  names  of  sixteen  persons  to  be  voted  for  as  first 
assistant  assessors  of  taxes,  and  the  names  of  the  persons  to 
be  voted  for  as  second  assistant  assessors  of  taxes.  Nothing 
herein  contained,  however,  shall  be  construed  to  prevent  the 
election  by  the  city  council,  to  either  or  all  the  above  offices,  of 
persons  not  recommended  by  said  committee. 

Sect.  2.  On  the  first  Monday  of  February,  or  within  sixty 
days  thereafter,  annually,  there  shall  be  elected,  by  concurrent 
vote  of  both  branches  of  the  city  council,  five  assessors  of  taxes 
in  the  city  of  Boston,  who  shall  be  resident  citizens  thereof. 
They  shall  devote  their  whole  time  to  the  service  of  the  city,  and 
shall  receive  such  compensation  as  the  city  council  may,  from 
time  to  time  determine. 

Sect.  3.  On  the  first  Monday  of  February,  or  within  sixty 
days  thereafter,  annually,  there  shall  be  elected,  by  concurrent 
vote  of  both  branches  of  the  city  council,  sixteen  assistant 
assessors  of  taxes  in  the  city  of  Boston,  who  shall  be  denom- 
inated jirsl  assistants.  They  shall  be  resident  citizens  of 
Boston,  and  shall  receive  such  compensation  as  the  city  council 
may  from  time  to  time  determine. 

Sect.  4.  On  the  first  Monday  of  February,  or  within  sixty 
days  thereafter,  annually,  there  shall  be  elected,  by  concurrent 
vote  of  both  branches  of  the  city  council,  one  assistant  asses- 
sor of  taxes,  to  be  denominated  second  assistant , for  each  ward, 
with  the  exception  of  wards  one,  two,  four  and  five,  for  each 
of  which  two  second  assistants  shall  be  elected.  They  shall  be 
residents  of  the  ward  for  which  they  are  elected ; for  their  ser- 
vices they  shall  receive  such  compensation  as  the  city  council 
may  from  time  to  time  determine. 

Sect.  5.  The  officers  mentioned  in  the  preceding  sections 
shall  hold  their  office  for  one  year  from  the  first  day  of  April  in 


TAXES. 


277 


the  year  in  which  they  shall  be  elected,  and  until  others  arc  Jan*  3> 1868- 
chosen  and  qualified  in  their  stead,  unless  sooner  removed. 

They  shall  be  removable  at  the  pleasure  of  the  city  council; 
and  vacancies  may  be  filled  at  any  time  for  the  unexpired  term 
in  the  manner  hereinbefore  provided  for  the  election  of  said 
officers. 

Sect.  6.  The  assessors  shall  meet  as  soon  as  practicable  organization  of 
after  their  election,  and  organize  themselves  into  a board  (to  ibid, 
be  called  the  board  of  assessors,)  by  the  choice  of  a chairman 
and  secretary  from  among  their  own  number,  which  secretary 
shall  also  be  the  secretary  of  the  board  provided  for  in  the  next 
section. 

Sect.  7.  The  assessors  and  the  first  and  second  assistant  Organization  of 

. assistants. 

assessors  shall  meet  as  soon  as  practicable  after  their  election,  ibid, 
and  organize  themselves  into  a board,  by  the  choice  of  a chair- 
man from  among  their  own  number;  and  a majority  of  the 
board  shall  constitute  a quorum  for  the  transaction  of  busi- 
ness. 

Sect.  8.  Tt  shall  be  the  duty  of  the  said  secretary  of  the  two  Records  to  be 

J J kept. 

boards,  thus  organized,  to  keep  the  records  of  the  doings  -of  ibid, 
both  boards  in  the  same  book,  in  the  order  in  which  the 
meetings  occur,  always  designating  the  board  whose  doings  are 
recorded. 

Sect.  9.  It  shall  be  the  duty  of  the  secretary  of  the  board  secretary  to  cer- 
of  assessors  to  certify  the  number  of  days  that  the  first  assist-  ^e.day8 
ant  assessors  and  the  second  assistant  assessors  have  severally  Ibld* 
devoted  to  the  service  of  the  city.  And  the  said  assistant 
assessors  shall  severally  receive  pay  only  for  such  number 
of  days’  service  as  shall  have  been  so  certified  by  the  said 
secretary. 

Sect.  10.  It  shall  be  the  duty  of  one  of  the  said  second  as- Estates  and 

. ....  . polls  to  be 

sistant  assessors  to  visit,  in  company  with  one  of  the  assessors  assessed, 
or  first  assistant  assessors,  the  different  estates  in  their  respec- Ibld* 
tive  wards,  and  to  aid  him  in  taking  a list  of  the  polls,  in  esti- 
mating the  value  of  the  personal  property,  and  in  appraising  the 
value  of  the  real  estate. 


278 


ORDINANCES. 


Office  assessors. 
Jan.  3,  1868. 


Abatements  of 
taxes. 

Ibid. 


Tax  bills  to  be 
made. 

Ibid. 


How  collected. 
Ibid. 


Sect.  11.  During  the  season  when  the  assessors  are  called 
upon  to  perform  street  duty,  it  shall  be  the  duty  of  the  chair- 
man of  the  board  of  assessors,  or  such  other  assessor  or  asses- 
sors, or  first  assistant  assessor  or  assessors,  as  he  may  desig- 
nate, to  remain  at  the  assessors’  room,  during  office  hours,  to 
attend  to  such  business  as  may  be  required  to  be  transacted 
there.  But  this  section  shall  not  be  construed  to  permit  the 
withdrawal  of  more  than  two  persons  from  street  duty  for  office 
business. 

Sect.  12.  Abatements  of  taxes  shall  be  made  and  recorded 
by  the  board  of  assessors,  and  the  record  thereof  shall  contain 
the  names  of  all  persons  whose  taxes  shall  have  been  abated  in 
whole  or  in  part,  with  the  amount  originally  assessed,  and  the 
amount  of  abatements  ,*  and  the  reasons  for  abatement  shall  be 
stated  on  the  said  record,  against  the  name  of  each  person  whose 
tax  shall  have  been  abated ; and  the  board  of  assessors  may 
require  the  attendance  of  any  of  .the  first  or  second  assistant 
assessors  at  any  hearing  for  the  abatement  of  taxes ; and  when 
petitions  for  abatement  are  refused  and  the  petitioner  appeals 
to  the  board  of  aldermen,  the  record  of  said  refusal  by  the  board 
of  assessors  shall  accompany  the  appeal.  A record  of  all  abate- 
ments made  by  the  board  of  aldermen  shall  be  transmitted 
by  the  city  clerk  to  the  board  of  assessors  at  the  time  they  are 
made,  but  the  reasons  for  the  abatement  may  be  omitted. 

Sect.  13.  It  shall  be  the  duty  of  the  board  of  assessors  to 
make  out  and  deliver,  to  the  treasurer  and  collector,  tax  bills 
for  all  taxes  assessed  on  all  persons  and  estates,  on  or  before 
the  first  day  of  October  in  each  year. 

Sect.  14.  The  city  treasurer  and  collector  shall  immediately 
issue  the  tax  bills,  and  if  the  same  are  not  paid  within  thirty 
days  thereafter,  he  shall  issue  a summons  to  each  delinquent 
person  assessed ; and  if  such  person  shall  not  pay  his  taxes 
within  ten  days  after  the  receipt  of  such  summons,  or  after  the 
service  thereof  upon  him  in  the  usual  form,  the  said  treasurer 
shall  issue  his  warrant  for  the  collection  of  said  taxes  according 
to  law. 


TAXES. 


Sect.  15.  As  soon  as  it  conveniently  may  be,  after  the  treas-  estate  to  be 
urer  and  collector  has  sold  or  caused  to  be  sold,  for  non-pay- Jan.  3,1868. 
ment  of  any  tax  or  assessment,  any  real  estate  in  the  city,  he 
shall  cause  to  be  made  under  his  supervision,  and  kept  in  his 
office  for  public  reference,  an  alphabetical  list,  when  practicable, 
of  the  location  of  such  real  estate,  as  well  as  of  the  name  of  the 
person  or  persons,  if  known,  against  whom  such  tax  or  assess- 
ment was  levied. 

Sect.  16.  The  said  board  of  assessors  may,  at  their  discre-  Transfer  of 
tion,  transfer  the  amount  of  taxes  assessed  on  real  estate,  not  ibid, 
owned  at  the  time  of  assessment  by  the  persons  charged  with 
such  taxes,  to  the  persons  by  whom  the  said  real  estates  were 
owned  at  the  time. 

Sect.  17.  The  said  board  of  assessors  shall  assess  upon  the  Tenant  or  occu- 
pant may  be  as- 

owners  of  real  estate,  lying  within  the  city,  the  amount  of  taxes  sessed. 
for  which  such  real  estate  may  be  taxable : provided,  that  in  any  Ibld" 
case  where  the  board  of  assessors  may  deem  it  to  be  more  for 
the  public  interest  Jo  assess  the  tenant  or  occupant,  instead  of 
the  owner,  they  may  [so  assess  such  tenant  or  occupant;  and 
provided,  also,  that  nothing  herein  shall  affect  the  rights  which 
owners  and  tenants  may  have  respectively,  by  reason  of  any 
agreement  made  between  themselves  concerning  such  taxes. 

Sect.  18.  All  existing  ordinances  relating  to  the  assessment  Repeal  of  former 
and  collection  of  taxes  are  hereby  repealed : 1 provided,  however,  Jb?d?ance’ 
that  the  assessors  and  assistant  assessors  already  elected  shall 
hold  their  office  until  the  first  Monday  of  April,  in  the  year  one 
thousand  eight  hundred  and  sixty-eight,  or  until  their  successors 
are  chosen  and  qualified,  unless  sooner  removed ; and  the  pres- 
ent organization  of  said  assessors  shall  continue  until  said  first 
Monday  in  April. 


*An  ordinance  entitled  “An  Ordinance  concerning  the  assessment  and 
collection  of  taxes,”  passed  Feb.  12,  1867,  by  which  the  ordinance  passed 
Feb.  26,  1866,  was  amended  in  the  first  section,  is  repealed  as  above. 


10 


280 


ORDINANCES. 


No  tree  in  street 
to  be  removed 
without  permit. 
1867.  242,  § 1. 


Penalty  for  vio- 
lation  of  act. 
Ibid.  $ 2. 


Act  to  be  ac- 
cepted. 

Ibid.  $ 3. 


TREES. 

statute.  I 2.  Penalty. 

1.  No  person  to  cut  down  tree  3*  Act  not  to  be  in  force  unless 
without  permit.  ' accepted. 

STATUTE.1 

Section  1.  No  person  who  has  by  law  a right  to  cut  down 
or  remove  any  ornamental  or  shade  tree  standing  in  any  high- 
way, town  way  or  street,  shall  exercise  such  right  without  first 
giving  notice  of  his  intention  to  one  of  the  selectmen  of  the 
town  or  mayor  of  the  city  in  which  the  tree  stands ; and,  if  the 
selectmen  of  the  town  or  mayor  and  aldermen  of  the  city  desire 
to  retain  the  tree,  they  shall  give  notice  thereof  to  such  person 
within  ten  days  after  his  notice  to  them ; and  in  that  case,  the 
same  course  shall  be  taken  and  the  same  rules  apply  as  to  the 
assessment,  appeal  and  final  determination  and  payment  of  the 
damage  such  person  may  suffer  by  the  retaining  of  said  tree,  as 
in  the  case  of  damage  done  by  an  alteration. in  such  highway, 
town  way  or  street. 

Sect.  2.  If  any  such  person  shall  cut  down,  remove  or  injure 
such  tree  without  first  giving  the  notice  required  in  the  foregoing 
section  or  in  violation  of  any  of  the  provisions  thereof,  or  of 
the  rights  of  the  city  or  town  acquired  thereunder  to  maintain 
the  same,  he  shall  suffer  the  penalty  provided  for  the  injury  or 
destroying  of  ornamental  or  shade  trees  in  the  seventh  section  of 
the  forty-sixth  chapter  of  the  General  Statutes,  and  the  penalty  in 
such  case  shall  accrue  to  the  town  or  city. 

Sect.  3.  This  act  shall  not  be  in  force  in  any  town  or  city 
until  it  shall  be  accepted  by  a majority  of  the  legal  voters  in 
such  town  at  a meeting  legally  called  therefor,  or  by  the  city 
council.2 


1 An  act  concerning  Shade  and  Ornamental  Trees  standing  in  highways 
and  streets,  passed  May  16,  1867. 

2 Accepted  by  City  Council,  Oct.  1,  1867. 


TRUANTS. 


281 


TRUANTS. 


STATUTE. 

1.  Repeal  of  chapter  283  of  acts  of  1866. 
STATUTE^1 


Part  of  chap. 
28^  of  1866  re- 
pealed. 


Section  1.  So  much  of  chapter  two  hundred  and  eighty-  1867,  156,§1 
three  of  the  acts  of  the  year  eighteen  hundred  and  sixty-six  as 
provides  that  chapter  two  hundred  and  seven  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-two  shall  not  apply  to,  nor 
have  effect  within  the  city  of  Boston,  is  hereby  repealed. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage. 

• • 

ORDINANCE.2 


Section  1.  Any  of  the  persons  described  in  the  first  section  Truants,  &c.  to 

be  fined. 

of  the  “Act  concerning  truant  children  and  absentees  from  May  25, 1867. 
school,”  passed  on  the  thirtieth  day  of  April,  in  the  year  one 
thousand  eight  hundred  and  sixty-two,  upon  conviction  of  any 
offence  described  in  said  act,  shall  be  punished  by  a fine  not 
exceeding  twenty  dollars. 

Sect.  2.  The  house  for  the  employment  and  reformation  of  House  of  Re* 

formation  as- 

juvenile  offenders  is  hereby  assigned  and  provided  as  the  insti-  signed  as  place 
tution  of  instruction,  house  of  reformation,  or  suitable  situation 
mentioned  in  the  second  section  of  said  act. 


1 An  act  in  addition  to  an  act  concerning  truant  children  and  absentees 
from  school,  passed  April  22,  1867. 

2 An  ordinance  concerning  truant  children  and  absentees  from  school, 
passed  May  25,  1867.  Approved  by  Superior  Court,  (Brigham  J.)  June  7, 
1867. 


282 


ORDINANCES. 


Names  not  to  be 
placed  on  lists 
after  polls  are 
opened, 

1867.  206,  $ 1. 


Additional 

wards. 

Nov.  8i  1867. 


Boundaries  of 
wards. 

.Ward  13. 


VOTERS. 

STATUTE. 

1.  In  cities,  names  not  to  be  added  to  lists  after  opening  of  polls. 

STATUTE.1 

The  name  of  no  person  shall  be  added  to  the  voting  lists  in 
any  city  of  this  Commonwealth  after  the  lists  have  been  placed 
in  the  hands  of  the  ward  officers,  unless  the  qualifications  of  said 
person  as  a voter  shall  have  been  determined  by  the  mayor  and 
aldermen,  at  some  meeting  held  previous  to  the  opening  of  the 
polls ; such  fact  to  be  verified  by  the  certificate  of  the  city  clerk. 


WARDS. 

ORDINANCE.2 

Section  1.  By  virtue  of  the  fifth  section  of  chapter  three 
hundred  and  fifty-nine  of  the  acts  of  the  year  one  thousand  eight 
hundred  and  sixty-seven,  the  territory  annexed  to  Boston  is 
hereby  divided  into  three  wards,  and  the  same  shall  hereafter 
be  known  and  constituted  as  follows : 

Ward  Number  Thirteen  : — Beginning  at  the  centre  of  Wash- 
ington Street  at  the  line  heretofore  existing  between  Boston  and 
Roxbury ; thence  by  the  centre  of  said  street  to  Guild  Row ; 
thence  by  the  centre  of  Guild  Row  to  Dudley  Street ; thence  by 
the  centre  of  Dudley  Street  to  Eustis  Street;  thence  by  the 
centre  of  Eustis  Street  to  the  boundary  line  between  Roxbury 
and  Dorchester;  thence  on  said  ^boundary  line  to  the  boundary 
line  heretofore  existing  between  Boston  and  Roxbury ; thence 
on  said  boundary  line  between  Boston  and  Roxbury  to  the  point 
of  beginning. 

1 An  act  in  addition  to  an  act  concerning  the  qualifications  of  electors, 
passed  May  2,  1867. 

2 An  ordinance  in  addition  to  an  ordinance  providing  for  a new  division 
of  the  city  into  wards,  passed  Nov.  8,  1867. 


WARDS. 


283 


Ward  Number  Fourteen  : — Beginning  at  the  centre  of  Wash-  Ward  14, 
ington  Street  at  the  boundary  line  heretofore  existing  between 
Boston  and  Roxbury ; thence  by  the  centre  of  said  street  to 
Guild  Row;. thence  by  the  centre  of  Guild  Row  to  Dudley 
Street;  thence  by  the  centre  of  Dudley  Street  to  Eustis  Street; 
thence  by  the  centre  of  Eustis  Street  to  the  boundary  line 
between  Dorchester  and  Roxbury;  thence  on  said  boundary 
line  to  the  boundary  line  between  West  Roxbury  and  Roxbury ; 
thence  on  said  boundary  line  between  West  Roxbury  and  Rox- 
bury to  the  centre  of  Shawmut  Avenue,  at  the  point  where  it 
crosses  said  line ; thence  by  the  centre  of  Shawmut  Avenue  to 
Bartlett  Street;  thence  by  the  centre  of  Bartlett  Street  to  Dud- 
ley Street;  thence  by  the  centre  of  Dudley  Street  to  Putnam 
Street;  thence  by  the  centre  of  Putnam  Street  to  Shailer  Ave- 
nue, so  called ; thence  by  the  centre  of  Shailer  Avenue,  so 
called,  to  Cabot  Street ; thence  by  the  centre  of  Cabot  Street 
to  Culvert  Street;  thence  by  the  centre  of  Culvert  Street  to 
Tremont  Street;  thence  by  the  centre  of  Tremont  Street  to  the 
boundary  line  heretofore  existing  between  Boston  and  Roxbury ; 
thence  by  said  boundary  line  between  Boston  and  Roxbury  to 
the  point  of  beginning. 

Ward  Number  Fifteen  : — Beginning  at  the  centre  of  Tremont  Ward  15. 
Street,  at  the  boundary  line  heretofore  existing  between  Boston 
and  Roxbury;  thence  by  the  centre  of  Tremont  Street  to  Cul- 
vert Street;  thence  by  the  centre  of  Culvert  Street  to  Cabot 
Street ; thence  by  the  centre  of  Cabot  Street  to  Shailer  Avenue, 
so  called ; thence  by  the  centre  of  Shailer  Avenue,  so  called,  to 
Putnam  Street;  thence  by  the  centre  of  Putnam  Street  to  Dud- 
ley Street;  thence  by  the  centre  of  Dudley  Street  to  Bartlett 
Street;  thence  by  the  centre  of  Bartlett  Street  to  Shawmut 
Avenue ; thence  by  the  centre  of  Shawmut  Avenue  to  the  boun- 
dary line  between  West  Roxbury  and  Roxbury;  thence  on  said 
line  between  West  Roxbury  and  Roxbury  to  the  boundary  line 
between  Brookline  and  Roxbury ; thence  on  said  boundary  line 
between  Brookline  and  Roxbury  to  the  boundary  line  heretofore 


284 


ORDINANCES. 


existing  between  Boston  and  Roxbury ; thence  on  said  boundary 
line  between  Boston  and  Roxbury  to  the  point  of  beginning. 


WARD  OFFICERS. 


STATUTE. 

1.  Certificates  of  election  of  ward 
officers  to  be  sent  to  city  clerk. 


2.  To  be  retained  for  20  days. 

3.  Repeal  of  former  provisions. 


STATUTE.1 


Certificates  of 
election  to  be 
sent  to  city 
clerk. 

1867.  240,  $ 1. 


To  be  retained 
by  him  for  20 
days. 

Ibid.  $ 2. 


Repeal  of  former 
acts. 

Ibid.  $ 3. 


Section  1.  At  each  municipal  election  of  the  cities  of  this 
Commonwealth,  it  shall  be  the  duty  of  the  ward  officers  of  the 
several  wards  to  make  out  and  sign  certificates  of  the  election 
of  such  ward  officers  as  are  chosen  at  such  election,  in  the  man- 
ner now  provided  by  law,  and  said  certificates  for  each  ward 
shall  be  placed  in  one  envelope,  indorsed  “ ward  officers  chosen 
in  ward  number  /’  and  transmitted  to  the  city  clerk,  who 
shall  retain  said  envelopes  unopened  for  twenty  days,  subsequent 
to  the  day  of  said  election,  and  he  shall  then  open  said  envelopes 
and  transmit  said  certificates  to  the  persons  who  appear  to  be 
thus  chosen.  . 

Sect.  2.  If,  within  said  twenty  days,  a statement,  in  writing, 
is  filed  with  the  city  clerk,  signed  by  ten  legal  voters  in  any 
ward,  stating  that  they  believe  that  the  warden,  or  clerk,  or  any 
inspector  of  elections  of  said  ward,  who  has  been  declared 
elected,  did  not  receive  a plurality  of  the  votes  cast  on  the  preced- 
ing election  day,  it  shall  be  the  duty  of  the  city  clerk  to  lay  the 
same  before  the  board  of  aldermen  for  the  time  being,  who  shall 
proceed  to  count  the  original  ballots  cast  for  such  warden,  clerk 
or  inspector,  and  shall  declare  the  result,  and  shall  issue  a certi- 
ficate to  the  person  entitled  thereto : provided , that  this  act  shall 
not  apply  to  ward  officers  chosen  to  fill  vacancies  on  election 
day. 

Sect.  3.  All  provisions  of  existing  laws  inconsistent  here- 

% 

with  are  hereby  repealed. 


1 An  act  in  relation  to  the  Election  of  Ward  Officers,  passed  May  16, 1867. 


WATER. 


285 


WATER. 


STATUTE. 

1.  City  may  contract  with  Charles- 
town, etc.,  for  water. 

2.  May  lay  pipes  and  construct 
hydrants. 

3.  Commissioners  to  take  charge 
of  works  — vacancies,  etc. 

4.  Salaries. 

5.  When  term  of  office  expires. 

6.  City  liable  for  damages — how 
determined. 

7.  Claims,  when  to  cease. 

8.  How  parties  dissatisfied  may 
proceed. 


9.  Damages  for  water  rights. 

10.  May  be  assessed  by  court. 

11.  May  issue  scrip  to  pay  cost. 

12.  May  pass  by-laws  or  ordinan- 
ces. • 

13.  Shall  establish  water  rates. 

14.  Penalty  for  injury  to  water  or 
water  works. 

15.  Water  for  extinguishing  fires. 

16.  May  extend  works  through 
Roxbury,  etc. 

17.  Act  to  be  void  unless  accepted. 

18.  Boston  to  succeed  to  all  rights. 


STATUTE.1 


Section  1.  The  city  of  Roxbury  is  hereby  authorized  to  con-  May  contract 
tract  with  either  the  city  of  Boston  or  the  city  of  Charlestown  Charlestown  for 
for  a supply  of  water,  and  to  take  by  purchase  or  otherwise,  ^ecSryestate 
and  hold  such,  land,  real  estate  or  water-rights,  and  erect  and  and  erect  works. 

, i , n 1867.  343,  § 1. 

maintain  such  works  and  structures  as  may  be  necessary  for  the 
introduction  of  water  either  from  said  city  of  Boston,  or  from 
said  city  of  Charlestown,  or  from  any  ponds  or  other  sources  of 
supply  within  the  limits  of  the  county  of  Norfolk,  except  Jamaica 
Pond,  and  the  distribution  thereof  in  said  city  of  Roxbury. 

Sect.  2.  For  the  purposes  of  distribution,  said  city  of  Rox-  May  lay  pipes, 
bury  may  lay  down  pipes  to  any  house  or  building  in  said  city,  and  regulate  use 
the  owner  or  owners  thereof  having  notice  and  not  objecting  ^.Ja§te2r‘ 
thereto,  and  may  make  and  establish  public  hydrants  in  such 
places  as  may,  from  time  to  time,  be  deemed  proper,  and  pre- 
scribe the  purposes  for  which  they  may  be  used,  and  may  change 
or  discontinue  the  same ; may  regulate  the  use  of  the  water 
within  and  without  the  said  city,  and  establish  the  prices  of  rents 
to  be  paid  for  the  use  thereof.  And  the  said  city  may,  for  the  May  carry  - 

works  over  or 

purposes  aforesaid,  carry  and  conduct  any  aqueducts  or  other  under  ways  and 

water-courses 

and  open  streets. 

1 An  act  to  authorize  the  city  of  Roxbury  to  procure  a supply  of  water, 
passed  June  1,  1867. 


286 


ORDINANCES. 


1867.  343,  §2.  works  foy  them  to  be  made  and  constructed,  over  or  under  any 
water-course,  or  any  street,  turnpike  road,  highway  or  other  way, 
in  such  manner  as  not  to  obstruct  or  impede  travel  thereon,  or 
the  free  flow  of  the  water  therein ; and  may  enter  upon  and  dig 
up  any  such  land,  street,  road  or  way  as  may  be  necessary  for 
the  purposes  of  laying  down  said  aqueducts  or  other  works,  and 
for  maintaining  or  repairing  the  same. 

^^erintend  Sect.  3.  Three  commissioners  shall  be  appointed  by  the  city 
works,  appoint-  council,  who  shall,  during  their  continuance  in  office,  execute 

ment  and  direc-  , _ 

tion  of.  and  perlorm,  superintend  and  direct,  the  execution  and  perform- 
ibid.  § 3.  ance  0f  ap  workSj  matters  and  things  mentioned  in  the  pre- 
ceding sections,  which  are  not  otherwise  specially  provided  for 
in  this  act ; they  shall  be  subject  to  such  ordinances,  rules  and 
regulations,  in  the  execution  of  their  said  trust,  as  the  city  coun- 
cil may,  from  time  to  time,  ordain  and  establish,  not  inconsistent 
with  the  provisions  of  this  act  and  the  laws  of  this  Common- 
Terms  of  office  wealth : they  shall  respectively  hold  their  said  office  for  the  term 

and  removals. 

of  three  years  next  after  their  said  appointment,  unless  the  aque- 
ducts and  works  aforesaid  shall  be  sooner  completed  j but  they, 
or  either  of  them,  after  having  had  an  opportunity  to  be  heard 
in  his  or  their  defence,  may  be  removed  at  any  time  by  a con- 
current vote  of  two-thirds  of  each  branch  of  the  city  council  j 
filled!10168’  h°W  an^  in  case  a vacancy  in  the  board  of  commissioners,  by  death, 
resignation  or  removal,  such  vacancy  shall  be  filled  by  the  ap- 
pointment of  another  commissioner,  in  manner  aforesaid,  who 
shall  hold  his  said  office  for  the  residue  of  the  said  term  of  three 
years,  with  all  the  powers,  and  subject  to  all  the  restrictions 
Quorum.  aforesaid.  A major  part  of  said  commissioners  shall  be  a 
quorum  for  the  exercise  of  the  powers,  and  the  performance  of 
shall  report  the  duties  of  the  said  office ; they  shall,  once  in  every  three 

quarterly. 

months,  and  whenever  required  by  the  city  council,  make  and 
present,  in  writing,  a particular  report  and  statement  of  all  their 
acts  and  proceedings,  and  of  the  condition  and  progress  of  the 
works  aforesaid. 

salaries  of  com-  Sect.  L Before  the  appointment  of  the  commissioners  afore- 

missioners,  how  1 1 

fixed.  said,  the  city  council  shall  establish  and  fix  the  salaries,  or  com- 


WATER. 


287 


pensation,  to  be  paid  to  the  commissioners  for  their  services ; 
and  the  said  salaries  of  the  said  commissioners,  so  established 
and  fixed  as  aforesaid,  shall  not  be  reduced  during  their  contin- 
uance, respectively,  in  said  office. 

Sect.  5.  Whenever  the  said  office  of  commissioners  shall 
cease,  either  by  the  expiration  of  the  said  term  of  three  years 
from  the  original  appointment,  or  by  the  completion  of  the  aque- 
ducts and  works  mentioned  in  the  preceding  sections  of  this  act, 
all  the  rights,  powers  and  authority,  given  to  the  city  of  Roxbury 
by  this  act,  shall  be  exercised  by  the  said  city,  subject  to  all  the 
duties,  liabilities  and  restrictions  herein  contained,  in  such  man- 
ner and  by  such  agents  as  the  city  council  shall  from  time  to 
time  ordain,  appoint  and  direct. 

Sect.  6.  The  said  city  of  Roxbury  shall  be  liable  to  pay  all 
damages  that  shall  be  sustained  by  any  persons  in  their  property 
by  the  taking  of  any  land,  water  or  water-rights,  or  by  the  con- 
structing of  any  aqueducts,  reservoirs  or  other  works,  for  the 
purposes  of  this  act.  And  if  the  owner  of  any  land,  water,  or 
water-rights,  which  shall  be  taken  as  aforesaid,  or  other  person 
who  shall  sustain  damage  as  aforesaid,  shall  not  agree  upon  the 
damages  to  be  paid  therefor,  he  may  appty,  by  petition,  for  the 
assessment  of  his  damages  at  any  time  within  three  years  from 
the  taking  of  the  said  land,  water  or  water-rights,  or  sustaining 
damage  as  aforesaid,  and  not  afterwards,  to  the  superior  court 
in  the  county  in  which  the  same  are  situate,  unless  sooner 
’barred,  as  provided  in  the  seventh  section  of  this  act.  Such 
petition  may  be  filed  in  the  clerk’s  office  of  said  court,  in  vaca- 
tion or  in  term  time,  and  the  clerk  shall  thereupon  issue  a sum- 
mons to  the  city  of  Roxbury,  returnable,  if  issued  in  vacation,  to 
the  then  next  term  of  the  said  court,  and  if  in  term  time,  return- 
able on  such  day  as  the  said  court  shall  order,  to  appear  and 
answer  to  the  said  petition;  the  said  summons  shall  be  served 
fourteen  days  at  least  before  the  return  day  thereof,  by  leaving 
a copy  thereof,  and  of  the  said  petition,  certified  by  the  officer 
who  shall  serve  the  same,  with  the  mayor  or  clerk  of  said  city ; 


1867.  343,  § 4. 


Office  ceasing, 
powers  of  to 
vest  in  city. 
Ibid.  § 5. 


City  shall  be  li- 
able for  damage 
to  persons. 

Ibid.  § 6. 


Party  may  ap- 
ply for  assess- 
ment within 
three  years  to 
superior  court. 


Proviso. 
Petition,  when 
may  be  filed. 

Issue  and  return 
of  summons. 


Service  of. 


11 


288 


ORDINANCES. 


Court  may  ap- 
point assessors. 
1867.  343,  § 6. 


Award,  accept- 
ed by  court,  to 
be  final. 

Proviso : party 
may  have  jury. 


Party  failing  to 
proceed  under  $ 
6,  city  may  com- 
mence after 
three  months. 
Ibid.  § 7. 


Person  not  ap- 
pearing, to  be 
barred. 


Party  dissatis- 
fied with  award 
under  $ 6,  may 
have  jury  trial. 
Ibid.  § 8. 


Verdict,  when 
accepted  by 
court,  to  be  final. 


and  the  said  court  may,  upon  default  or  hearing  of  the  said  city, 
appoint  three  disinterested  freeholders  of  this  Commonwealth, 
who  shall  after  reasonable  notice  to  the  parties,  assess  the  dam- 
ages, if  any,  which  such  petitioner  may  have  sustained  as  afore- 
said ; and  the  award  of  the  said  freeholders,  or  of  the  major  part 
of  them,  being  returned  into  and  accepted  by  the  said  court, 
shall  be  final,  and  judgment  shall  be  rendered  and  execution 
issued  thereon  for  the  prevailing  party,  with  costs,  unless  one  of 
the  said  parties  shall  claim  a trial  by  jury,  as  hereinafter  pro- 
vided. 

Sect.  7.  Whenever  any  damages  shall  have  been  sustained 
by  any  persons  as  set  forth  in  the  sixth  section  of  this  act,  and 
such  persons  shall  neglect  to  institute  proceedings  against  the 
city  of  Roxbury,  according  to  the  provisions  of  this  act,  for  the 
space  of  twelve  months,  it  shall  be  lawful  for  the  city  of  Rox- 
bury to  commence  such  proceedings,  which  shall  go  on  and  be 
determined  in  the  same  manner  as  if  commenced  by  the  persons 
who  shall  have  sustained  such  damage;  and  if  such  persons,  on 
receiving  due  notice,  shall  not  come  in  and  prosecute  the  pro- 
ceedings so  instituted,  judgment  shall  be  entered,  against  them, 
and  they  shall  be  forever  barred  from  recovering  any  damages 
under  this  act. 

Sect.  8.  If  either  of  the  parties  mentioned  in  the  sixth  sec- 
tion shall  be  dissatisfied  with  the  amount  of  damages  awarded 
as  therein  expressed,  such  party  may,  at  the  term  at  which  such 
award  was  accepted,  or  the  next  term  thereafter,  claim,  in  writ- 
ing, a trial  in  said  court,  and  have  a jury  to  hear  and  deter- 
mine, at  the  bar  of  said  court,  all  questions  of  fact  relating  to 
such  damages,  and  to  assess  the  amount  thereof;  and  the  verdict 
of  such  jury,  being  accepted  and  recorded  by  the  said  court,  shall 
be  final  and  conclusive,  and  judgment  shall  be  rendered  and 
execution  issued  thereon,  and  costs  shall  be  recovered  by  the 
said  parties,  respectively,  in  the  same  manner  as  is  provided  by 
law  in  regard  to  proceedings  relating  to  the  laying  out  of  high- 
ways. 


WATER. 


289 


Sect.  9.  No  application  shall  Be  made  to  the  court  for  the  Damages  for 

L 1 water-rights. 

assessment  of  damages  for  the  taking  of  any  water-rights,  until  1867. 343,  §9. 
the  water  shall  be  actually  withdrawn  or  diverted  by  the  said 
city,  under  the  authority  of  this  act. 

Sect.  10.  In  every  case  of  a petition  to  the  superior  court  of°party 
for  the  assessment  of  damages,  as  provided  in  the  sixth, 'seventh,  may  tender  sum 

. to  or  bring  same 

eighth  and  ninth  sections  of  this  act,  the  city  of  Roxbury,  by  any  into  court, 
of  its  officers,  may  tender  to  the  complainant,  or  his  attorney,  Ibld‘ § 10’ 
any  sum  that  they  shall  think  proper,  or  may  bring  the  same  into 
court,  to  be  paid  to  the  complainant  for  the  damages  by  him 
incurred  or  claimed  in  his  petition  ; and  if  the  complainant  shall  petitioner  not 
not  accept  the  same,  with  his  costs  up  to  that  time,  but  shall  ^y^Tentftied 
proceed  in  the  suit,  he  shall  be  entitled  to  his  costs  up  to  the 
time  of  the  tender,  or  such  payment  into  court,  and  not  after- 
wards ; and  the  said  city  shall  be  entitled  to  recover  its  costs  Costs  of  city* 
afterwards,  unless  the  complainant  shall  Recover  greater  dam- 
ages than  were  so  offered. 

Sect.  11.  For  the  purpose  of  defraying  all  the  costs  and  Citycouncilmay 
expenses  of  such  lands,  estates,  waters  and  water-rights  as  shall  “ water-scrip  » 
be  taken,  purchased  or  held  for  the  purposes  mentioned  in  this  workT  C°St  °f 
act,  and  of  constructing  all  aqueducts  and  works  necessary  and  Ibld,§n*  ’ 
proper  for  the  accomplishment  of  the  said  purposes,  and  all  ex- 
penses incident  thereto,  heretofore  incurred  or  that  may  be  here- 
after incurred,  the  city  council  shall  have  authority  to  issue, 
from  time  to  time,  scrip,  notes  or  certificates  of  debt,  to  be 
denominated  on  the  face  thereof,  “ Water  Bonds  of  the  City  of 
Roxbury,”  to  an  amount  not  exceeding  five  hundred  thousand 
dollars,  bearing  interest  at  a rate  not  exceeding  the  legal  rate  0f Interest  °“  and 

70  00  payment  of  prm- 

interest  in  this  Commonwealth,  which  shall  be  redeemable  at  a ciPal- 
period  of  time  not  less  than  ten,  nor  more  than  fifty  years  from 
and  after  the  issue  of  the  said  scrip,  notes  or  certificates,  respec- 
tively ; and  the  said  city  council  may  sell  the  same,  or  any  part  city  may  sell  or 
thereof,  from  time  to  time,  at  public  or  private  sale,  or  pledge 
the  same  for  money  borrowed  for  the  purposes  aforesaid,  on 
such  terms  and  conditions  as  the  said  city  council  shall  judge 
proper ; and  the  said  city  council  may,  for  the  purpose  of  meet- 


pledge  scrip. 


290 


ORDINANCES. 


May  issue  scrip 
for  payment  of 
interest. 

1867.  343,  § 11. 

May  pass  by- 
laws and  ordi- 
nances for  pro- 
tection of 
works. 

1867.  343,  § 12. 
Proviso.  * 


May  organize 
management. 


Shall  establish 
water  rates. 
Ibid.  § 13. 


Occupants  and 
owners  shall  be 
liable  for  pay* 
ment. 

Suit  for  unau- 
thorized use  of 
water. 


Penalty  for  ma- 
liciously divert- 
ing or  corrupt- 
ing water  or 
injury  to  works. 
Ibid.  § 14. 


ing  payments  of  such  interest  as  may  accrue  upon  any  certificate 
of  debt,  make  such  further  issue  of  scrip,  notes  or  certificates  of 
debt  as  may  be  necessary  therefor. 

Sect.  12.  The  city  council  may,  from  time  to  time,  pass  such 
by-laws  and  ordinances  as  they  may  deem  proper  for  the  preser- 
vation and  protection  of  all  or  any  of  the  works  connected  with 
the  supplying  of  the  city  of  Roxbury  with  pure  and  wholesome 
water,  under  and  by'  virtue  of  this  act : provided , such  by-laws 
and  ordinances  are  not  inconsistent  with  any  laws  of  this  Com- 
monwealth, or  with  the  constitution  thereof,  subject  at  any  time 
to  be  repealed  or  modified  by  the  legislature ; and  may  also 
organize  a department,  with  full  powers,  for  the  management  of 
such  works,  and  the  distribution  of  the  said  water.  • 

Sect.  13.  The  city  council  shall,  from  time  to  time,  regulate 
the  price  or  rent  for  the  use  of  the  water,  with  a view  to. the 
payment,  from  the  net  income  and  receipts,  not  only  of  the  semi- 
annual interest,  but  ultimately  of  the  principal  of  said  debt  so 
contracted,  so  far  as  the  same  may  be  practicable  and  reasona- 
ble. And  the  occupant  of  any  tenement  shall  be  liable  for  the 
payment  of  the  price  or  rent  for  the  use  of  the  water  in  such 
tenement ; and  the  owner  thereof  shall  also  be  liable,  if,  on  being 
notified  of  such  use,  he  does  not  object  thereto ; and  if  any  per- 
son or  persons  shall  use  any  of  the  said  water,  either  within  or 
without  the  said  city,  without  the  consent  of  the  city,  an  action 
of  tort  may  be  maintained  against  him  or  them  for  the  recovery 
of  damages  therefor. 

Sect.  14.  If  any  person  or  persons  shall  wilfully  or  mali- 
ciously divert  the  water,  or  any  part  thereof,  of  any  of  the  ponds, 
streams  or  water-sources,  which  shall  be  taken  by  the  city  pur- 
suant to  the  provisions  of  this  act,  or  shall  corrupt  the  same,  or 
render  it  impure,  or  destroy  or  injure  any  dam,  aqueduct, «pipe, 
conduit,  hydrant,  machinery  or  other  property,  held,  owned  or 
used  by  the  said  city,  by  the  authority  and  for  the  purposes  of 
this  act,  such  person  or  persons  shall  forfeit  and  pay  to  the  said 
city  three  times  the  amount  of  the  damages  that  shall  be  assessed 
therefor,  to  be  recovered  by  any  proper  action.  And  such  per- 


WATER. 


291 


son  or  persons  may,  moreover,  on  indictment  and  conviction  of  ^urtber  liabiIity 
either  of  the  wilful  and  maliciotis  acts  aforesaid,  be  punished  by  1867. 343,  § m. 
fine  not  exceeding  one  thousand  dollars,  and  imprisonment  not 
exceeding  one  year. 

Sect.  15.  The  said  city  of  Roxbury  is  also  authorized  to  Citymaysupp,y 
supply  with  water  for  the  extinguishment  of  fires  or  for  other  other  towns 
purposes,  the  city  of  Boston,  and  the  towns  through  which  the  ^d. 
line  of  aqueduct  may  pass,  and  for  this  purpose  may  erect  and 
maintain  such  structures  as  may  be  requisite  and  necessary 
therefor : provided . that  such  supply  to  Boston  shall  not  deprive  Proviso- 
the  towns  on  the  line  of  the  aqueduct  of  a sufficient  supply  of 
water. 

Sect.  16.-  Said  city  of  Boston  or  said  city  of  Charlestown  cities  of  Boston 

or  Charlestown 

is  hereby  authorized  to  extend  its  works  into  and  through  said  may  extend 

city  of  Roxbury,  for  the  purpose  of  supplying  the  latter  with 

pure  water;  and,  to  this  end,  shall  have  all  the  rights  and  privi-  Privileges  and 

restrictions. 

leges,  and  be  subject  to  all  the  duties,  restrictions  and  liabilities  ibid.  §ie. 
which  it  now  has  and  to  which  it  is  now  subject  under  the  sev- 
eral acts  authorizing  it  to  supply  itself  with  water ; subject,  how- 
ever, to  such  terms  and  conditions,  not  inconsistent  with  the  conditions, 
provisions  of  said  several  acts,  as  may  be  agreed  upon  between 
either  of  said  cities  and  said  city  of  Roxbury. 

Sect.  1 7.  The  provisions  of  this  act  shall  be  .void,  unless  Act  void  unle8B 

approved  by 

submitted  to  and  approved  by  the  voters  of  said  city  of  Rox-  voters  of  Rox- 
bury,  at  meetings  held  simultaneously  for  that  purpose  in  the  ]^reye 
several  wards,  within  three  years  from  the  passage  of  this  act, Ibid*  § 17, 
upon  notice  duly  given  at  least  seven  days  from  the  time  of  hold- 
ing said  meetings. 1 

Sect.  1 8.  If  within  three  years  from  the  passage  of  this  act 

the  territory  of  the  city  of  Roxbury  shall  be  annexed  to  and. rishts-™d  privi- 
leges if  Roxbury 

made  a part  of  the  city  of  Boston,  then  the  city  of  Boston  shall  be  annexed 
succeed  to  all  the  rights  and  privileges  hereby  granted  to  the  Jhrlfyelrs!1111 
city  of  Roxbury.  Ibid- § 18- 


Accepted  by  citizens  of  Roxbury,  Nov.  5,  1867.  Yeas  1,602,  nays  9. 


292 


ORDINANCES. 


Sealer  to  make 
annual  report. 
Office  not  to  in- 
cur expense. 
Jan.  25,  1867. 


WEIGHTS  AND  MEASURES. 

ORDINANCE. 

1.  Sealer  to  make  annual  report  — office  — to  be  subject  to  directions  of 
committee  on  weights,  etc. 

ORDINANCE.1 

Section  1.  The  fourth  section  of  the  ordinance  relating  to 
the  sealing  of  weights  and  measures  is  hereby  amended  by  add- 
ing thereto  the  following  words : — “ Each  sealer  shall,  annually, 
on  or  before  the  tenth  day  of  January,  make  a report  to*  the  city 
council  containing  a statement  in  detail  of  the  expenses  of  his 
department  during  the  preceding  year,  the  amounts  received 
and  paid  into  the  treasury,  and  the  property  under  his  charge 
belonging  to  the  city.” 

The  sixth  section  of  said  ordinance  is  hereby  stricken  out, 
and  the  following  inserted  in  place  thereof:  — 

“ Sect.  6.  The  office  of  said  sealers  of  weights  and  measures 
shall  be  in  the  City  Hall,  and  the  committee  on  weights  and 
measures  shall  provide  transportation  for  their  standards.  Said 
sealers  shall  make  no  contracts  involving  the  expenditure  of 
money  without  first  having  obtained  the  approval  of  the  com- 
mittee on  weights  and  measures.” 


1 An  ordinance  to  amend  an  ordinance  relating  to  the  sealing  of  weights 
and  measures,  passed  Jan.  25,  1867. 


INDEX 


ASSESSORS,  how  and  when  chosen,  275,  276. 
organization  of,  277. 
assessment  of  polls  and  estates,  277. 
office,  Assessors’,  278. 

BERKELEY  STREET,  conveyance  of  to  city,  259. 

BOSTON  WHARF,  certain  license  in  harbor  revoked,  226. 

BOSTON  AND  WORCESTER  R.  R.,  location  in  Lehigh  Street,  274. 

location  in  South  Street,  274. 
BROADWAY  R.  R.,  sixth  location,  260. 

BUILDINGS,  public,  amount  for  repairs,  211. 

CHURCH  STREET,  lands,  etc.  (See  Health.)  228. 

COMMON,  Superintendent,  211. 
duties  of,  211. 

COAL  OILS,  see  Petroleum,  240. 

COURT  HOUSE,  land  to  be  taken  for,  212. 

description  of  land  to  be  filed,  212. 

DOGS,  when  to  be  licensed,  213. 
fees,  213. 

new  owner  of  dog  to  get  license,  214. 

City  Clerk  to  issue  licenses,  214. 

Treasurer’s  duties,  214. 

penalty  for  having  unlicensed  dog,  214. 

Assessors  to  report  dogs,  214. 
orders  to  kill  dogs,  215. 
return  of  warrant  by  officers,  215. 

Mayor  to  make  statement,  215. 
injury  by  dogs  to  be  satisfied,  216,  217. 
penalty  for  neglect  by  city  officers,  217. 
claims  in  Suffolk  County,  how  paid,  218. 
dangerous  dogs,  218. 
form  cf  warrant  to  kill,  218. 


294 


INDEX. 


FIRES,  jury  of  inquest,  219. 
oath  of  jurors,  220. 
witnesses,  attendance  and  oath,  220. 
testimony,  how  taken,  221. 
inquisition  to  be  filed,  221. 
fees  and  expenses,  221. 
rules  of  department,  221. 
corporation  badge,  221. 
rules  relating  to  badges,  221. 

FITCHBURG  RAILROAD,  location,  261. 

HARBOR,  sea-wall  and  flats,  222. 

Legislative  Committee  on,  (note)  222. 

Commissioners  may  modify  harbor  line,  225. 

Engineer  may  be  appointed,  225. 

Boston  Wharf  Co.’s  license  revoked,  226. 
surveys  to  be  made,  226. 
appropriations,  226. 

dredging  machine,  care  and  use  of,  226. 

HAY  WEIGHING,  office  hours,  227. 

fees,  227. 

HEALTH,  Church  Street  lands  to  be  taken,  228. 

to  file  description  in  Registry  of  Deeds,  228. 
injured  parties  to  have  remedy  in  Equity,  229,  230. 
Commissioners,  and  duties,  230. 
decree  and  execution,  and  costs,  231. 
liabilities  of  City,  231. 
claims  against  the  State,  23,1. 

Attorney  General  to  appear,  231. 

Court  to  make  orders  and  decrees,  232. 
costs,  how  paid,  232. 

to  lay  street  railway  forpurpose  of  transportation  of  material,  232. 
internal  health  department  abolished,  .233. 
fees  of  undertakers,  233. 

INSTITUTIONS,  report  of  Directors  for,  239. 

LIBRARY,  penalty  for  injury  to  books,  234. 

MANUFACTORIES,  rules  for  employment  of  children  in,  252. 

MARGINAL  FREIGHT  R.  R.,  262. 

MARRIAGES,  non-residents  to  get  license,  235. 

who  may  solemnize  such  marriages,  235. 
penalty  for  violation  of  act,  235. 

METROPOLITAN  R.  R.,  fourteenth  location,  268. 

fifteenth  location,  269. 


INDEX. 


295 


MUNICIPAL  COURT,  may  commit  lunatics,  236. 

service  of  writs,  236. 
claims  above  twenty  dollars,  237. 
service  of  civil  writs,  237. 
assistant  clerk  for  civil  business,  237. 
PAUPERS,  Overseers  of  Poor  to  keep  records,  238. 

to  make  annual  return,  238.  . 

. penalty  for  neglect,  238. 

Secretary  to  make  abstract,  239. 
repeal  of  former  acts,  239. 
burial  of  State  paupers,  239. 
report  of  Directors  for  Public  Institutions,  239. 
PETROLEUM  and  coal  oils,  inspectors  of,  240. 

Inspectors  to  be  sworn,  240. 
not  to  be  mixed  with  naphtha,  241. 
naphtha  not  to  be  sold  for  oil,  241. 
violation  of  act  to  be  prosecuted,  241. 
regulations  for  keeping,  242. 

POLICE;  appointment  of,  244. 

ROXBURY,  union  with  Boston  authorized,  244. 

public  property  to  vest  in  Boston,  245. 

Treasurer  to  deliver  over  papers,  etc.,  245. 

Courts,  jurisdiction  of,  246. 
division  of  territory  into  wards,  247. 
election  of  city  officers,  248. 
terms  of  School  Committee,  248. 
lists  of  voters,  248. 

Aldermen  and  Councilmen,  249. 

County  property,  release  of,  249. 
acceptance  of  Act,  250. 
when  to  take  effect,  251. 

Metropolitan  Railroad,  locations  in,  270. 
may  contract  for  supply  of  water,  285. 

SCHOOLS,  Children  under  ten  years  not  to  be  in  factories,  252. 

none  under  fifteen,  unless  they  attend  school,  253. 
limit  to  work,  penalty,  253. 

STATE  AID,  persons  entitled  to,  254. 

quarterly  reports  to  Auditor,  255. 
returns  to  be  inspected,  256. 
payments  may  be  made  to  families,  257. 
repeal  of  former  Acts,  257. 


12 


296 


INDEX. 


STREETS,  land  on  highway  to  be  fenced,  258. 
culverts  to  be  made,  259. 

Berkeley  Street,  deed  of,  259. 

new  streets  authorized  across  wharves,  259. 

compensation  therefor,  259. 

STREET  RAILROADS,  repeal  of  former  provisions,  260. 

* Broadway  R.  R.,  sixth  location,  260. 

Fitchburg  R.  R.,  location,  261.  « 

Marginal  Freight  R.  R.,  location,  262. 

rules,  267. 

Metropolitan  R.  R.,  fourteenth  location,  268. 

fifteenth  location,  269. 
locations  in  Roxbury,  270. 

TAXES,  on  lands  sold  by  State,  275. 

Assessors,  how  chosen,  275,  276. 

organization  of,  277. 
assessment  of  polls  and  estates,  277. 
office  Assessors,  278. 
abatements,  how  made,  278. 
tax  bills,  how  collected,  278. 
real  estate  may  be  sold,  279. 

TREES,  in  streets  not  to  be  removed,  280. 
penalty,  280. 

TRUANTS,  repeal  of  former  Act,  281. 

place  of  detention  281. 

UNDERTAKERS,  fees  of,  233. 

VOTERS,  names  not  to  be  added  to  lists  after  polls  are  opened,  282. 
WARDS,  boundaries  of  wards  13,  14  and  15,  282. 

WARD  OFFICERS,  election  of,  284. 

certificates,  how  sent,  284. 

WATER,  contract  with  Charlestown  for,  285. 

appointment  of  commissioners,  286. 
damages,  how  paid,  287. 
city  may  issue  scrip,  289. 
acceptance  of  act,  291. 

WEIGHTS  AND  MEASURES,  annual  report  of  sealers,  292. 


